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...
Search Results for : %Grounds for Refusal of Enforcement"
...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?
...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?
...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 ...
...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 ...
...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
...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 ...
...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
...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 ...
...the denial or withdrawal of project approvals and licenses on climate-related grounds. A notable example is the case brought by a Canadian energy company against the U.S. following the cancellation...
Navigating Climate Action and ISDS Risks for South Korea
...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 ...
Author: Hans Smit** Published: April 2009 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION Annulment of arbitral awards...