...enforcement is sought. (The courts of a non-signatory country may, of course, enforce a convention award.) Enforcement in a Convention country can be denied only on the basis of seven...
Search Results for : %Grounds for Refusal of Enforcement"
Author: Qi Zhang* Jurisdiction: China United States Topics: Sovereign Immunity Enforcement of Arbitral Awards International and Transnational Law The Global Context of State Immunity Reform The global legal landscape...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...grounds on which the decision is based. In the United States, the “Second Look” doctrine emerged following the Mitsubishi case. It stated that national courts, during the award-enforcement stage, have...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
Author: Jan Paulsson* Published: August 1996 Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The New York Convention was intended to ensure that arbitral awards would be enforced...
The Case for Disregarding LSAS (Local Standard Annulments) under the ...
Articles A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and Execution in The ICSID Convention Ylli Dautaj and Maxime Chevalier Relativity of Contracts and Severability of the Arbitration Clause...
Volume 32: Issue 3 (February 2022)
...Professor Jarrod Wong has also advanced this interpretation both (1) on interpretive grounds by arguing—like many tribunals and litigants have—that the umbrella clause would be meaningless if not interpreted strictly;...
Empirics-Based Umbrella Clause Interpretation
Authors: Loukas Mistelis** and Crina Baltag*** Published: December 2009 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Description: I. INTRODUCTION: THE CONTEXT OF THE 2008 SURVEY...
Recognition and Enforcement of Arbitral Awards and Settlement in International ...
Author: Paul D. Friedland** and Michael Ottolenghi*** Published: December 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability Description: After decades of reliance upon anecdote and lore, empirical studies have...
Comments on the 2008 Survey on International Arbitration: Corporate Attitudes ...
...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 ...
...disputes arising from transactions across national borders. The choice of arbitration over litigation in national courts is motivated substantially by the multilateral conventions on the recognition and enforcement of arbitral...
Application of the Doctrine of Forum Non Conveniens in Summary Proceedings ...
...Attitudes and Practices Loukas Mistelis and Crina Baltag The Settlement-Enforcement Dynamic in International Arbitration Loukas Mistelis Enforcement of Arbitral Awards Against States Crina Baltag Enforcement of Foreign Arbitral Awards: Observations...
Volume 19: Issue 3–4 (December 2009)
...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...