...it entail a complete transformation or even displacement of the role and powers of one or more individuals/entities – the disputing parties, counsel, arbitrators and arbitral institutions? Or would it...
...of arbitration that connects these two legal traditions, he would have enjoyed the questions of whether international arbitral tribunals are free to apply a third system, neither common law nor...
...intervene or, conversely, to what extent should decision of the issue of the arbitrators’ jurisdiction be left with the arbitral tribunal, subject to what (if any) subsequent court review. It...
Author: Cecilia M. Di Ció** Published: January 2002 Topics: Arbitrators and Arbitral Tribunals Arbitral Awards Recourse Against Award Generally Description: Even if one of the advantages of arbitration—as compared to...
...grounds. The Hall Street decision raises the question whether the parties may agree to extend, restrict or waive the grounds for setting aside international arbitral awards in other jurisdictions. This...
Author: Marcus S. Jacobs** Published: October 1993 Jurisdiction: Australia Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Description: Prior to the adoption of the Model Uniform Legislation by the...
...a concept already abandoned by the PRC courts, manifesting in its judicial practice starting from 2009 Notice of the SPC on Issues Concerning the Enforcement of Hong Kong Arbitral Awards...
...commercial arbitration in the context of the enforcement of arbitral awards against an agency or instrumentality of a foreign state. These decisions will be of interest to those practitioners representing...
...a provision designating the competent tribunal in the event of any contractual dispute. The provision stated: “It is agreed upon that the Arbitration Court of the Chamber of Foreign Trade...
Author: Hans Smit* Published: January 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement Description: I. INTRODUCTION International arbitration is traditionally hailed as affording the...
...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...
Author: Ariadne Montare* Published: October 1993 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958...
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