...of Aristotle. Whether it be creating non-statutory grounds of review or refusing to clarify those grounds, both the Supreme Court and the circuit courts have created a patchwork of non-statutory...
Search Results for : %Grounds for Refusal of Enforcement"
...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...
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
...enforcement forum selection in international arbitration, creating potential for “arbitration tourism” where parties seek enforcement in jurisdictions most favorable to their position. VI. Comparative Analysis The three landmark cases...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
Author: Prerona Banerjee* Jurisdictions: International Russia Topics: Arbitral Adjudication Enforcement of Arbitral Awards Arbitral Decisions Arbitral Process Dispute Resolution and Litigation Introduction Sanctions are penalties imposed on governments or private...
Arbitration or Sanctions: Who Survives the Battlefield?
...which domestic and international arbitrations are submitted to different rules). As a result, the grounds for challenge of awards are different depending on whether the award subject to review is...
Can the Statutory Grounds for Review of Arbitral Awards Be ...
...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,...
Enforcement of Arbitral Awards Against States* – Vol. 19 No. ...
...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...