...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...
Search Results for : %Grounds for Refusal of Enforcement"
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)
...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 ...
...enforcement and the choice-of-law rule to the arbitration agreement A third option is to use the “law of the place of probable enforcement of an eventual award”, in case this...
What Should Be the Applicable Law to Arbitration Agreements?
Author: O. L. O. de Witt Wijnen* Published: December 1994 Jurisdiction: International Topics: Intellectual Property Relief and Remedies in General Reasons Enforcement of Arbitral Awards Interim Measures of Protection New...
Awards and their Enforcement – Vol. 5 No. 1-4
Author: Adam Sulkowski Published: June 1999 Jurisdiction: Poland Topics: Applicable Law Enforcement of Arbitral Awards Enforceability New York Convention Description: This article seeks to evaluate Polish arbitration law and specifically...
Polish Arbitration Law Analyzed and Applied to the Procedural Scenarios ...
...countries. Over time some courts and many commentators have begun to consider that the annulment of an award at the seat is not necessarily preclusive of the possibility of enforcement...
The Enforcement of Annulled Awards: Further Reflections in Light of Thai-Lao ...
...obligations under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the New York Convention), and undermine the parties’ intent to have their dispute decided...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...Grounds for Setting Aside Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability UNCITRAL Parties Sources of Arbitration Law UNCITRAL Model Law Description: Introduction The landmark decision of the Singapore...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
...parties may rely on the judiciary for various purposes (e.g., interim relief applications, enforcement of arbitration agreements, set aside proceedings and recognition of foreign arbitration awards). This blog post will...
Provisional Measures in Aid of Arbitration in Brazil
...of California, that confirmed an arbitral award in favor of Toyota Motor Sales. Plaintiff Biller sought vacatur on a number of insubstantial grounds, all of which were denied by the...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...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...