Author: Hans Smit* Published: January 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement Description: I. INTRODUCTION International arbitration is traditionally hailed as affording the...
Search Results for : %Grounds for Refusal of Enforcement"
...to permit disclosure of the award for enforcement purposes. The Vancouver International Arbitration Centre’s rules expressly contemplate use of the award for enforcement.[38]The New York Convention itself contemplates disclosure of...
Dépeçage in International Commercial Arbitration
Author: Sima Ghaffari* Jurisdiction: Iran Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules Drafting an enforceable and well-reasoned arbitral award is an art. The...
Reasoned Arbitral Awards: An Iranian Perspective
...of the grounds specified in Article V of the Convention exists. The grounds in Article V(1) are essentially procedural in nature and must be proven by the respondent. The grounds...
The Scope of the Public Policy Exception to the Recognition ...
...international arbitration awards in India can only be recognized and enforced through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘New York Convention’). The enforcement mechanism of...
Is the New York Convention Applicable for the Enforcement of ...
...not set out, in general terms, a duty of the arbitrators to be (and remain) “independent and impartial“. However, it provided for six detailed grounds for disqualifying an arbitrator, covering,...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...The distinction is not hypothetical. In the Russia-sanctions context, German appellate courts have divided between recognition-without-enforcement and outright refusal, prompting recent commentary that declaratory recognition preserves the award’s legal force...
The Sanctions Wall: What Remains of an Arbitral Award Against—or ...
Author: Angeline Welsh* Published: March 2020 Jurisdictions: International United Kingdom England Topics: Arbitral Awards Grounds for Refusal of Enforcement New York Convention ICSID Description: Much has been written about Article...
The “Public Policy” Exception under the New York Convention: The ...
...arbitration proceedings, and the only exception is the disclosure of the arbitral award for its implementation and enforcement. In England, although there is no statutory regulation on confidentiality, the rule...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...the Recognition and Enforcement of Arbitral Awards and Settlement in International Arbitration (the “Survey”). The Survey canvasses the attitudes and practices of corporations with regard to the recognition and enforcement...
Enforcement of Foreign Arbitral Awards: Observations on the Efficiency of ...
...Russian legal defense. Part II of the article gives an overview of the Yukos case. Thereafter, Part III analyzes the specific grounds for refusal of enforcement of the award. II....
Prospects of Enforcing the Yukos Award in Russia – Vol. ...
...clear that immunity is indeed preserved from enforcement as well as from execution because, for both enforcement and execution, the French version uses only the word “l’exécution,” and the Spanish...