Authors: Eduardo Palmer* and Eliana Lopez** Published: April 2004 Topics: Commercial Disputes Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION The principle of party autonomy...
Search Results for : Enforceability
Author: Joseph Schohl** Published: June 1991 Jurisdiction: Italy Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The distinction in Italian law between different forms of arbitration has led...
The Italian Arbitrato Irrrituale and its Enforceability under the New ...
Author: Stefan Kröll* Published: August 2012 Description: I. INTRODUCTION Most modern arbitration laws and institutional rules now explicitly allow for interim relief by arbitral tribunals. The traditional hostility towards arbitral...
The Non-Enforceability of Decisions Rendered in Summary Arbitral Proceedings Pursuant ...
...procedural compliance. III. Enforceability Criteria: Mandatory versus Directory Clauses A. The Evolution of Enforceability Standards The enforceability of MDRCs has evolved significantly over the past two decades. Early English decisions...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...seats: 1) a pro-arbitration judiciary, 2) independence of the legal system, and 3) a track record of award enforceability. In popular words, parties recognize these seats as “safe seats” for...
A Case for Diversity in the Seat of Arbitration
...to two factors: (1) questionable enforceability and (2) the possibility of non-compliance. For the purpose of expanding on his study, Michael Schneider requested several leading arbitration institutions for information on...
Specific Relief in International Arbitration
...imperiling the enforceability of the award. CONCLUSION The Frankfurt Surprise serves as a reminder that the parties’ agreement over procedural matters may raise issues regarding the enforceability of the award...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...Hague Rules may cause the awards rendered under it to be susceptible to enforceability issues. These issues may particularly arise out of reservations of the states against (i) arbitrability of...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
AAA Ad Hoc ADR Advocacy Agreement to Arbitrate Anti-Suit Injunctions Appeal to Arbitral Tribunal and Annulment Applicable Conflict-of-Laws System Applicable Law Apportioning of Costs Arbitrability Arbitral Adjudication Arbitral Awards Arbitral...
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Authors: Georg Scherpf*, Antonios Politis**, and Benedikt Kaneko*** Jurisdictions: Germany International Topics: Arbitral Process Dispute Resolution and Litigation Third Parties in Arbitration Multiple Parties Enforceability of Arbitration Agreements Introduction For...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...enforceability. There exists a legitimate expectation that the tribunal take reasonable steps in rendering an enforceable award. This sentiment has been memorialized in Article 26 of the 1975 ICC Rules...
The Role of Blocking Regulations in International Arbitration: A Ground ...
Author: Jakob Horn* Published: April 2021 Jurisdiction: International Topics: Interim Measures of Protection Arbitral Awards Enforceability New York Convention Arbitrators and Arbitral Tribunals Interpretation of the Award Formal Requirements Description:...