...the enforcement stage, the legal regime of the nation where enforcement, if sought, can raise issues regarding arbitrability. Thus, the arbitrators have the duty to ensure that concerns with respect...
Search Results for : %Grounds for Refusal of Enforcement"
...sign the Terms of Reference or a continuous refusal to pay the advance on costs set by the institution. Many dilatory tactics at this stage of the proceedings, however, will...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...fund the enforcement efforts. See Jeffery Commission & Michael Redman, Navigating judgment enforcement in multi-jurisdictional arbitrations, Burford (Oct. 17, 2019), https://www.burfordcapital.com/insights/insights-container/navigating-judgment-enforcement-in-multi-jurisdictional-arbitrations/. [7] The awareness of the legal finance industry has...
Negotiating Funding Arrangements: Trick or Treat
...do not separately govern the recognition and enforcement of its awards, and therefore, its enforcement regime is governed by the 1958 New York Convention.[22] In accordance with Article 5(2) of...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). While ease of enforcement is frequently cited as a reason for choosing international arbitration as a dispute resolution mechanism, few...
Enforcement Begins When the Arbitration Clause Is Drafted* – Vol. ...
Author: George A. Bermann** Published: December 2017 Jurisdiction: United States Topics: Court Decisions Enforceability Grounds for Refusal of Enforcement Jurisdiction and Powers of the Courts in Matters of Arbitration Generally...
The Role of National Courts at the Threshold of Arbitration* ...
Author: Timothy Schnabel* Published: March 2020 Jurisdictions: International Singapore United States Topics: Commercial Disputes International Litigation Mediation Formal Requirements Grounds for Refusal of Enforcement States as Parties Description: The Singapore...
Implementation of the Singapore Convention: Federalism, Self-Execution, and Private Law ...
...bodies specialized in human rights have relatively weak (or no) enforcement mechanisms on the judgments they issue. Many times, enforcement will depend on the will of the States themselves to...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...one dominated by the CJEU, according to which EU law precludes intra-EU investment arbitration. In its view, the registration of awards against states is justified on the grounds of the...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...grounds that it violated their right to clean air and conflicted with Japan’s 2030 and 2050 climate targets. The Osaka District Court, Osaka High Court, and Supreme Court rejected the...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...to proceed in the quickest possible manner with regards to enforcement of its claims.[19] Providing for enforcement of such awards, directly under the insolvency framework concerned, instead of under a...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...1958. Though the Convention contains no provision enumerating grounds for setting aside an arbitral award, the plaintiff invoked Article V(1)(e), which provides that the recognition and enforcement of an award...