...primarily on “substantive laws that may affect the enforceability of contracts or otherwise may regulate the transaction subject to arbitration.” Having analyzed the reality–rather than theory–of arbitral practice, we agreed...
Search Results for : Enforceability
Author: Richard W. Hulbert* Published: December 2003 Topics: Enforcement of Arbitral Awards Enforceability Proposals to Create an International Arbitration System New York Convention Description: Professor Park’s paper lays before us...
Comment on a Proposed New Statute for International Arbitration – ...
Author: Jan Paulsson* Published: August 1996 Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The New York Convention was intended to ensure that arbitral awards would be enforced...
The Case for Disregarding LSAS (Local Standard Annulments) under the ...
...an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, a number of writers have further urged arbitrators to apply a so-called “mandatory...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
Author: Hans Smit* Published: December 2003 Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: Public policy may play a part in international arbitration in several respects: (1) the...
Comments on Public Policy in International Arbitration – Vol. 13 ...
...that raised by the seat. An arbitrator should apply mandatory rules under the applicable substantive law, and failure to do so may place the enforceability of the award at some...
Applying Mandatory Rules Of Law In International Commercial Arbitration – ...
...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...
Columbia Arbitration Day 2022: Diversity in International Arbitration and Perspectives ...
...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...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...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...
Split Arbitration Clauses: An International Overview – Vol. 30 No. ...
...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...
The Recognition and Enforcement of Foreign Arbitral Awards as Foreign ...
Authors: Gerald Aksen* and Wendy S. Dorman** Published: March 1991 Jurisdiction: United States Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA New York Convention Description: The...
Application of the New York Convention by United States Courts: ...
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...