...of enforcement machinery reflects the tensions in the international system between its new commitment to human values and its traditional commitment to values of State autonomy and impermeability.” The purpose...
Search Results for : %Grounds for Refusal of Enforcement"
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)
...AND THE REFORM OF INTERNATIONAL INVESTMENT LAW AND ARBITRATION Eric de Brabandere THE CONTROVERSY CONTINUES: BLASKET‘S ANTI-ENFORCEMENT DECISION CREATES COMPLICATIONS FOR EU INVESTORS IN US COURTS Anuraag Mitra THE INVESTMENT...
Volume 35: Issue 2 (February 2025)
...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...
Third-Party Funding in the United States: A Systematic Judicial Analysis ...
...Arbitral Awards in Italy Vincenzo Vigoriti Arbitral & Judicial Decisions Recognition and Enforcement of ICSID Awards: The Decision of the French Cour de Cassation in Soabi v. Senegal Sergia Carias-Borjas...
Volume 2: Issue 3 (October 1991)
...speed, lower costs, and enforcement. There are a number of factors, however, that complicate a party’s ability to obtain meaningful interim relief in international arbitration proceedings. Among these are the...
Interim Relief Under International Arbitration Rules and Guidelines: A Comparative ...
...anniversary of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1998, practitioners from around the world congratulated each other on its astounding success. With...
Hubco v. WAPDA: Pakistan Top Court Rejects Modern Arbitration* – ...
...must also be qualified by the counterpart defenses, derogations, and limitations inherent in these bodies of law. States’ receptiveness to the binding scope, implementation, and enforcement of these bodies of...
TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...
...legal relationship. 3. Host States’ ex post lack of enforcement of regulations existing at the time of the making of the investment. 4. Host States’ ex post change of the...
Ex Post General Regulation and Investment Protection in Recent International ...
...employment relationship is similarly important under U.S. law. A “multitude of unconscionable provisions in an agreement to arbitrate will preclude severance and enforcement of arbitration if they evidence a deliberate...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...and tribunals constituted pursuant to these BITs have no jurisdiction to hear investment claims. The Commission has made similar interventions in domestic enforcement proceedings around the world when parties seek...
Mutual Termination of Sunset Clauses in Intra-EU BITs: The Search ...
...and legitimacy of the arbitral system. Up-front disclosure also reduces the number of frivolous annulment proceedings and challenges to enforcement. C. Other questions Since international arbitrators have significant (some say...