...arbitration. To address this problem, this paper focuses on the various choice-of-law practices that U.S. courts employ in arbitration agreement enforcement proceedings and proposes a framework that coherently explains the...
Search Results for : %Grounds for Refusal of Enforcement"
...the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), recognition and enforcement of an arbitration award may be denied if the opposing party can prove that s/he...
The Due Process Defense to Recognition and Enforcement of Foreign ...
...explained that, in the true sense, the refusal to grant an injunction was based on the finding that arbitration agreement was still subsisting; it had not been novated and therefore...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...the Claimant from assigning the franchise agreement and from selling all or part of its business without having afforded Respondent a right of first refusal. Download Full PDF *Current Developments...
Carte Blanche (Singapore) PTE, Ltd. v. Carte Blanche International, Ltd. ...
...witnesses or their punishment for neglect or refusal to attend in the courts of the United States. Under § 7, the ability of the parties to, and arbitrators in, domestic...
Obtaining Evidence From Non-Parties In International Arbitration In The United States – ...
...beyond what is permitted by the Act. Section 34 permits ‘setting aside’ of an award on limited and specific grounds, like violation of principles of natural justice, procedural unfairness, patent...
A Supreme Blow to Finality of Arbitral Awards and India’s ...
Articles “Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress Thomas E. Carbonneau Can the Statutory Grounds for Review of Arbitral Awards Be Changed By the Parties? A French...
Volume 18: Issue 3 (January 2009)
...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...for challenging the award. The New York Convention, which applies in most jurisdictions, provides various grounds for defending against enforcement of an award. For instance, a court may refuse to...
A Closer Look at the New SVAMC Guidelines for AI ...
Authors: Gerald Aksen* and Wendy S. Dorman** Published: March 1991 Jurisdiction: United States Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA New York Convention Description: The...
Application of the New York Convention by United States Courts: ...
Author: William R. Spiegelberger* Published: October 2016 Description: I. OVERVIEW OF 2015 In 2015 the Russian courts heard 58 cases relating to the enforcement of foreign arbitral awards as compared...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2015 ...
...against the supplier on these grounds. The supplier argued for staying the litigation on the grounds that the distributor was bound to arbitrate pursuant to the arbitration clause in the...