...of anti-suit injunctions internationally (Section II); c. validity and enforcement of the arbitration agreement and court referral to arbitration (Section III); d. well-informed decisions as to the issuance of an...
Search Results for : %Grounds for Refusal of Enforcement"
...injunctions and damages awards issued by an arbitral tribunal. It first considers the Regulation’s effect on a court’s damages judgment. It then discusses the enforcement of anti-suit injunctions and damages...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
Author: Franco Ferrari* Published: March 2022 Jurisdictions: International France Topics: Arbitral Process Choice of Forum and Place of Proceedings National Legislation Arbitral Adjudication Enforcement of Awards PREVIEW Given the abundance...
National International Commercial Arbitration – Vol. 32, No. 4
...to resolve the disputes impartially. Accordingly, many investment treaties – which are designed to facilitate bilateral investment – provide specific enforcement mechanisms for dispute settlement, including arbitration. One such arbitral...
Estop That! Defeating a Corrupt State’s Corruption Defense to ICSID ...
...for the Eleventh Circuit partially invalidated an arbitration agreement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in favor of...
The Prospective Waiver of a Statutory Claim Invalidates an Arbitration ...
Author: Vincenzo Vigoriti** Published: October 1991 Jurisdiction: Italy Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability New York Convention Description: Recent decisions of the Italian Court of Cassation have profoundly...
Homologation and Challenge of Arbitral Awards in Italy* – Vol. ...
...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...
Evidence and Discovery in American Arbitration: The Problem of Third ...
...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...