...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...
Search Results for : %Grounds for Refusal of Enforcement"
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 ...
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: ...
...received a favourable award and sought enforcement in Russia against the Russian Supplier. The initial request for enforcement was granted by the first and second-instance Russian courts. However, the...
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...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 ...
...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
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 ...
...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 ...
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 ...
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...