...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;...
Search Results for : %Grounds for Refusal of Enforcement"
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)
...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)
...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 ...
...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...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial 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 ...
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 purpose of implementation and enforcement. The provision thereby fails to account for the instances where the parties may seek judicial intervention for purposes other than implementation and enforcement, such...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
Author: Satyajit Bose* Jurisdiction: International Topics: ICSID Investment Disputes Enforcement of Arbitral Awards Arbitral Awards In response to the outbreak of the Novel Coronavirus (“Covid-19”), States across the world have...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...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 – ...
...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...