...the enforceability of an arbitration agreement. This doctrine is also important to reduce circumstances in which the arbitral process may be halted/delayed. Conclusion This judgment comes across as a jolt...
...Topics: Dispute Resolution and Litigation Banking and Finance Disputes Specialized Arbitration Enforceability Formal Requirements Practice and Procedure Existence and Validity of Agreement to Arbitrate Choice of Forum/Place of Proceedings Judicial...
...force and effect of federal law. By its terms, the New York Convention broadly favors the enforceability of foreign arbitral awards, subject to limited enumerated defenses to enforcement concerned with...
...and high value claims are better resolved through the traditional arbitration system. She identified problems with procedural justice in unorthodox blockchain arbitrations, and problems with recognition and enforceability under the...
Author: Hans Smit* Published: January 2009 Jurisdictions: Indonesia England France Topics: Enforcement of Arbitral Awards Enforceability Description: Some time after this article was written, the French Cour de Cassation decided...
Author: Sergio Le Pera* Published: March 1991 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability ICC New York Convention Description: After five years of...
...procedural certainty, including comparatively simpler and less formal rules of evidence promoting authoritative enforceability of the arbitral award, with limited grounds of challenge, is the apposite functional link to a...
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...
Articles The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit Alan Scott Rau Mandatory Rules and International Arbitration Luca G. Radicati di Brozolo The Non-Enforceability of Decisions...
...for ordering an interim measure and the establishment of the enforceability of the relevant decision until the final award, with the grounds for refusing its recognition and enforcement being limited...
Authors: Bernardo M. Cremades* and Alicia M. Blanco** Published: January 2009 Jurisdictions: Spain United States Topics: Procedure and Grounds for Setting Aside Recourse Against Award Generally Enforceability Description: On March...
...concerning the use, validity, and enforceability of such waivers. With the exception of the ICC, the major international arbitration institutions have not issued rules or formal policy guidance on the...
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