...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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...
The Limitations of Party Autonomy in ICSID Arbitration – Vol. ...
...Zara Shafruddin Deciphering De Gusa: The Enforcement in U.S. Courts of International Arbitration Awards Against Alter Egos of the Award-Debtor Marc J. Goldstein Notes Piercing the Double Veil: Enforcing Arbitral...
Volume 29: Issue 4 (September 2019)
...The UDRP’s speed, transparency, low cost and international application and enforcement have made it a popular and respected tool for trademark owners to protect their rights without going to court....
The UDRP: Design Elements of an Effective ADR Mechanism – ...
...the federal circuit courts of appeal regarding the enforceability of pre-hearing discovery subpoenas to non-parties. This article also briefly addresses issues of enforcement of arbitral orders and subpoenas (Section V)...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
...& Yas Banifatemi, Negative Effect of Competence-Competence: The Rule of Priority in Favour of the Arbitrators, inEnforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
Author: Hans Smit* Published: January 2009 Jurisdictions: Indonesia England France Topics: Enforcement of Arbitral Awards Enforceability Description: Some time after this article was written, the French Cour de Cassation decided...
Postscript: The Cour de Cassation Decision in Putrabali – Vol. ...
...of the Bar of the City of New York Arbitration in Southern Europe: Insights From a Large-Scale Empirical Study Tony Cole, Pietro Ortolani, and Barbara Warwas Enforcement of International Arbitral...