...from a recalcitrant party. Even here, it has been noted, the ability of arbitrators to ensure exchanges of information is uncertain, the tribunal’s power of enforcement being quite “limited” in...
Search Results for : %Grounds for Refusal of Enforcement"
...to request assistance without the arbitrators’ approval. Also, the unresolved questions about § 1782’s applicability to private arbitration create a risk that if arbitrators prevent assistance under § 1782, enforcement...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...Commercial Disputes Committee of the New York City Bar Association Russia Report: The Enforcement of Foreign Arbitral Awards in 2015 William R. Spiegelberger The Insider Adversary in International Arbitration Frederick...
Volume 27: Issue 1 (September 2016)
...of the CAS and render the enforcement of its awards difficult. 3. Provisional Measures Provisional measures, governed by Article R37 of the CAS Code,[11] are often instrumental in CAS...
Proposals to Amend the Code of the Court of Arbitration ...
...to jurisdiction and choice of law, as well as recognition and enforcement of foreign judgements. The absence of systematic and comprehensive commercial codes represents further obstacles to settle disputes through...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...global recognition and enforcement, making arbitration more efficient than litigation, where court judgments may not be as widely upheld. Additionally, arbitration offers confidentiality and is considered faster and more cost-effective...
AI in International Arbitration: What Is the Big Deal?
...a ground for defeating the enforcement of a subsequent award. In analyzing any arbitration rules or provisions for the composition and establishment of the arbitral tribunal, five main factors may...
Composition and Establishment of the Tribunal Articles 14 to 36 ...
...intention. Neither has fully prevailed. The continuing authority of Jagdish Chander coexists uneasily with Enercon and Vidya Drolia, producing interpretative schizophrenia. For practitioners, this means uncertainty in enforcement; for investors,...
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
ARTICLES ENFORCEMENT OF ICSID AWARDS: IMMUNITY FROM EXECUTION REVISITED Martín Ruiz García THE FRAGMENTED CONSENT FRAMEWORK TO UNDERSTAND MULTI-CONTRACT ARBITRATION Soumil Jhanwar ADJUDICATION OF INTELLECTUAL PROPERTY UNDER INVESTOR-STATE DISPUTE...
Volume 34: Issue 4 (October 2024)
...Arbitration Act (“FAA”) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). As discussed in Part I of this article, a number...
Arbitration and the Rule of Law: Lessons from Limitations Period ...
...available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3404615. [3] Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Jun. 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38. [4] U.N. Comm’n on Int’l Trade Law,...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...will be overriding. No rules shall be applied, no control exercised — at least until enforcement is sought.” The aim of this article is to examine the extent to which...