...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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?
...in the Convention. This Article analyzes enforcement of arbitral agreements under the Convention, and in particular addresses the issue of what law governs enforcement of arbitral agreements subject to the...
The Relevance of International Standards for U.S. Courts In the ...
...one hand, corruption is so serious that it demands a severe response from tribunals, and on the other hand, arbitrators lack enforcement powers and are constrained to the parties’ pleadings....
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...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...
Jurisdiction to Set Aside a Foreign Arbitral Award, in Particular ...
...for ordering an interim measure and the establishment of the enforceability of the relevant decision until the final award, with the grounds for refusing its recognition and enforcement being limited...
Unpacking the New Greek Law on International Commercial Arbitration
...of the general reluctance among parties to seek the enforcement of specific performance, or vice versa. According to Kyriakos Pittas, “[t]he remedy which is most commonly sought and which is...
Specific Relief in International Arbitration
...the procedural mechanisms for the enforcement of environmental norms have not evolved simultaneously. COUNTERCLAIMS IN INVESTMENT ARBITRATION “The Best Defence is a Good Offence” Filing of counterclaims has been recognised...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...outside of national courts is only useful if, in turn, the “necessary legal framework can be internationally secured.” The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New...
Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...
...and an award enforceable in most jurisdictions. As of 2023, over 168 State parties have signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (commonly...
A Case for Diversity in the Seat of Arbitration
...Resolution in the UK (“CEDR”) to explore the issue of Settlement in International Arbitration. The 2008 SIA/PwC Survey explores more specifically settlement as a means of enforcement of claims in...
The Settlement-Enforcement Dynamic in International Arbitration* – Vol. 19 No. ...
Author: Sergia Carias-Borjas** Published: October 1991 Jurisdiction: Senegal France Topics: Commercial Disputes Investment Disputes Enforcement of Arbitral Awards Enforceability ICSID Description: The viability of any international commercial arbitration system depends...