...law or procedural law to govern the arbitration? The second is the arbitral tribunal’s obligation to produce a reasoned award, the parties’ ability to modify this requirement, and the enforceability...
Search Results for : Enforceability
Author: Vincenzo Vigoriti** Published: October 1991 Jurisdiction: Italy Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability New York Convention Description: Recent decisions of the Italian Court of Cassation have profoundly...
Homologation and Challenge of Arbitral Awards in Italy* – Vol. ...
Author: Horacio Falcão** Published: December 1997 Jurisdiction: Brazil Topics: Commercial Disputes ADR Enforceability Description: On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law (“BAL”) was...
Recognition and Enforcement of Foreign Arbitral Awards: A New Chapter ...
...yet outcome-determinative, interpretations of an arbitration agreement’s enforceability. Download Full PDF *J.D., Columbia Law School; LL.B., King’s College London, School of Law. Gratitude is due to Professors George A. Bermann,...
Whose Law Is It Anyway? The Contract Interpretation Problem in ...
Author: Michael John Volkovitsch** Published: December 1991 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability ECJ Description: Marc Rich, the fugitive financier already familiar to students of...
When is Litigation Arbitration?: A Comment on Marc Rich & ...
Author: Alan Scott Rau* Published: December 1997 Jurisdiction: United States Topics: Arbitral Adjudication Contractual or Consensual Basis of Arbitration Recourse Against Award Generally Enforceability The parties to an international joint...
Contracting Out of the Arbitration Act – Vol. 8 No. ...
Author: Joseph R. Brubaker** Published: August 2009 Jurisdiction: United States Topics: Applicable Law Enforceability New York Convention Description: I. INTRODUCTION In a slip-and-fall case, the United States Court of Appeals...
The Prospective Waiver of a Statutory Claim Invalidates an Arbitration ...
Author: Jiaqi Liang** Published: December 2009 Jurisdiction: China Topics: Dispute Resolution and Litigation ADR International Litigation Mediation Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION Mediation is a non-litigious method...
The Enforcement of Mediation Settlement Agreements in China* – Vol. ...
...conceivable that some provisions of such regulations might be in conflict with the mandatory rules of the applicable law, which disregard may affect the enforceability of the award. Therefore, incorporation...
Proposals to Amend the Code of the Court of Arbitration ...
...opportune. Although enforcement only occurs in a minority of cases, the enforceability of awards is an underlying principle of international arbitration. Gauging corporate counsels’ experience of enforcement was therefore directed...
International Arbitration: Corporate Attitudes and Practices – The Business Rationale* ...
Author: Paul D. Friedland** and Michael Ottolenghi*** Published: December 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability Description: After decades of reliance upon anecdote and lore, empirical studies have...
Comments on the 2008 Survey on International Arbitration: Corporate Attitudes ...
Author: Stavros Brekoulakis** Published: December 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION A. Scope of this Article It was May 1958 when...