...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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 ...
...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...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
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...