...Ground for Vacatur of an Arbitral Award Hans Smit Halligan v. Piper Jaffray: The Collision between Arbitral Autonomy and Judical Review Mark B. Rees Recognition and Enforcement of Foreign Arbitral...
Search Results for : Authority Arbitral Tribunal
...awards issued by arbitral tribunals. There are certain kinds of “West Tankers-type” judgments and orders that an English court can make as a result of proceedings to enforce an arbitral...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
...with few exceptions, have consistently compelled arbitration and confirmed arbitral awards under the Convention. The courts have also respected the integrity of the arbitral process through a narrow construction of...
Application of the New York Convention by United States Courts: ...
Author: James H. Carter* Published: December 1992 Topics: Arbitrators and Arbitral Tribunals Designation of Arbitrators Categories of Disputes Commercial Disputes Description: The party-appointed arbitrator is a necessary but somewhat uncomfortable...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
...important statements, including that an arbitral tribunal could not be considered a “tribunal” or “court” of a Member State within the meaning of Article 267 TFEU.[9] The CJEU concluded that...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...which provided for arbitration to determine compensation for the French residents of Buenos Aires harmed by the popular uprising. A six-member arbitral tribunal was constituted, three members appointed by Argentina,...
Perspectives of International Arbitration in Latin America – Vol. 17 ...
...the arbitral tribunal due to lack of clarity in the arbitration agreement. The arbitration clause in Schein does not talk about arbitrability, which makes the inference of which forum to...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
Articles Confidentiality of International Commercial Arbitration in The United States Gary Born Choosing Your Decision-Maker: A Proposed Method for Selecting the President of an Arbitration Tribunal Rahim Moloo “Arbitral Innovation”...
Volume 31: Issue 3 (June 2021)
...review of arbitral awards has been narrowly confined by statute and case law to the parameters set forth in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...
Fiat S.p.A. v. The Ministry of Finance and Planning of ...
...revived. In our modern era, that idea deals with the “de-nationalization” of the substantive law to be applied by international arbitral tribunals. A few years later, the doctrine of the...
To Continue Nationalizing or to De-Nationalize? That Is Now the ...
...Convention’s recognition and enforcement provisions apply only to foreign arbitral awards. The Convention provides that a foreign arbitral award must be enforced by the courts of any signatory country where...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...A Case Study of the Beijing Arbitration Commission Fuyong Chen Arbitral & Judicial Decisions On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral Award Mauricio Gomm-Santos and Quinn Smith...