Author: Harout Jack Samra* Published: October 2010 Jurisdiction: United States Topics: Law Applicable to the Merits Law Applicable to Procedure Enforceability New York Convention Description: I. INTRODUCTION Over the last...
Search Results for : Domestic Arbitration Law
...it restricted the free movement of goods, a conflict arose between European human rights law and European Union law. In domestic legal orders, problems of this kind are resolved in...
Investment Treaty Law and International Law – Vol. 23 No. ...
...the scope of public policy have focused on public policy in the national law context, and in particular whether allegations of illegality under national law justify review of the underlying...
The “Public Policy” Exception under the New York Convention: The ...
...international arbitration against Norway by invoking the 1929 Spain-Norway Treaty on Conciliation, Judicial Settlement, and Arbitration (as procedural treaty providing for arbitration) in conjunction with the 1920 Treaty of Paris...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...risk in some jurisdictions. However, as Professor Horacio Grigera Naón has observed, some international arbitrators have occasionally determined that a mandatory domestic rule of law “belonging to the proper law...
Applying Mandatory Rules Of Law In International Commercial Arbitration – ...
...occasional cases Tunisian courts have already resolved. Rather, the trend towards arbitration was essentially prompted by domestic laws favoring the settlement of disputes related to foreign investment through arbitration. Thus,...
The Tunisian Law on International Arbitration – Vol. 4 No. ...
...the rise of cross-border disputes between Indian and foreign entities being resolved through arbitrations conducted at neutral foreign venues. In a bid to promote the resolution of disputes through arbitration,...
To Do or Not To Do: The Financial Disclosure of ...
...arbitration. Allowing parties to international arbitral proceedings to utilize §1782 will create a huge disconnect between parties’ discovery rights and obligations in domestic and international arbitration. It will also create...
A New World of Discovery: The Ramifications of Two Recent ...
...Wilson (Dean of Law and Head of Griffith Law School), Antony Crockett (Senior Consultant, Herbert Smith Freehills) and Adjunct Professor Dr. Justin Malbon (Griffith Law School) for their helpful comments...
It Takes Two to Tango: Why Businesses Are Unlikely to ...
...be contrary to the public policy of the court’s country. The UNCITRAL Model Law on International Commercial Arbitration (the Model Law) contains a very similar provision. There is, however, no...
Judicial Sovereignty and Public Policy under Chinese Arbitration Law – ...
...efficient dialogue between lawmakers from different jurisdictions needs to be engaged in so that a common ground between civil law and common law advocates can be found. *Parv Lodha...
Specific Relief in International Arbitration
...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...