...except to the extent that there are parallel proceedings before an American court or an enforcement petition for an arbitral award. The study does not cover charitable and political motivated...
Search Results for : %Grounds for Refusal of Enforcement"
...which inherently possess jurisdiction to hear disputes as the established organs of law enforcement within a legal system, arbitral tribunals are creations of contracts between parties. Arbitral tribunals exist only...
Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...
Articles The New International Arbitration Rules of the American Arbitration Association Hans Smit Where to Vacate and How to Resist Enforcement of Foreign Arbitral Awards: International Standard Electric Corporation v....
Volume 2: Issue 1 (March 1991)
...of a legally valid arbitration agreement. Hence, when we speak about the enforcement and execution of an arbitral award, we must ensure the validity of the law applied to the...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...essentially mirrored its reasoning in Achmea – notwithstanding the different backgrounds to the respective cases. Indeed, one might demur, the ECT is a mixed agreement and not a bilateral investment...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...the negative and affirm that institutional arbitration is solving a real and intractable problem that has afflicted contract enforcement and effective settlement of commercial and investment disputes over the years....
If You Build It, They Will Come: The Story of ...
...is close to that of the United States. Both countries share a common policy of favoring arbitration, have a large number of cases on the enforcement of arbitral awards, and...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
Author: Americo B. Zampetti* Published: July 2020 Jurisdiction: International Topics: Investment Disputes Commercial Disputes Arbitral Adjudication Independence and Impartiality Applicable Law Enforcement of Arbitral Awards New York Convention Costs and...
Developing the Investment Dispute Resolution System: The Case for Open ...
...local procedural law could result in the final award being set aside by a local court, which may jeopardize any chances of enforcement elsewhere. Delocalization of the arbitral process and...
Delocalization of International Commercial Arbitration: Its Relevance in the New ...
...It is only if recognition is granted by the STJ that a successful party in a foreign arbitration will be able, for example, to commence enforcement proceedings before a Federal...
Recognition of Foreign Arbitral Awards in Brazil – Vol. 24 ...
...Treaty Arbitration: Legitimate Concern or a Method to Inflate Damages? Jaroslav Kudrna Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 William R. Spiegelberger Developing the Investment Dispute Resolution...
Volume 30: Issue 3 (July 2020)
...A. Bermann Russia Report: The Enforcement of Foreign Arbitral Awards in 2016 William R. Spiegelberger State Succession and BITs: Challenges for Investment Arbitration Raúl Pereira Fleury Contractualists Versus Jurisdictionalists: Who...