Search Results for : %Grounds for Refusal of Enforcement"
...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...
...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...
...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....
...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...
...would later be read as an estoppel against treaty protection. The refusal to award costs does not answer this concern: it addresses the Claimants’ exposure to the Respondent’s fees, not...
...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...
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...
...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...
...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...
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...
...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...
...whether to maintain, modify, or revoke the interim measure granted by courts. Finally, BAA sets forth limited grounds for the review of arbitral awards. A party may seek to set...
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