...not happen, enforcement proceedings against states present no major problems. The enforcement of foreign arbitral awards is, as a rule, subject to the law of the place of enforcement and,...
Search Results for : %Grounds for Refusal of Enforcement"
...the challenge to jurisdiction was successful, ISEC’s attack on the award would be limited to the specific grounds permitted by the New York Convention to resist enforcement of foreign arbitral...
Where to Vacate and How to Resist Enforcement of Foreign ...
Authors: Ata Türkfiliz* Jurisdiction: United States India Topics: Enforcement of Arbitral Awards Sovereign Immunity ICC Procedure for Enforcement The Devas-Antrix saga stands as one of the most significant international...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
Author: Bruno Acevedo* Jurisdiction: International Germany Topics: Online Arbitration Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION Since the onset of the COVID-19 pandemic, many ongoing arbitrations have...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...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...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...Brussels I Regulation (see Maxicar, para. 33). In other words, the Convention’s public policy rule is not meant to permit refusal of enforcement merely because the award differs from “the...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...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 ...
...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. ...
...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
...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 ...
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...