...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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...
On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...
...of the Supreme Court’s command in Hall Street v. Mattel, to the more fundamental question of whether the grounds for vacatur enumerated in the Federal Arbitration Act (the “FAA” or...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
...that substantiated the reasons for the employee’s dismissal.[62] Agreeing with the company, the First Circuit vacated the arbitration award under 9 U.S.C. § 10(a)(3) since “the arbitrator’s refusal to give...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...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. ...
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 ...
...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
...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?
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 ...
...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...