...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 – ...
...to the validity and enforceability of the award will arise in each of these post-award proceedings. Courts in the U.S. and England regularly give effect to the judgments of foreign...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
Author: Thomas E. Carbonneau* Published: August 2012 Description: Over several decades, the federal policy favoring arbitration created a consistent judicial practice that unequivocally supported the enforceability of arbitral awards. The...
The Assault on Judicial Deference – Vol. 23 No. 3-4
...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. ...
...their appointment. Given the fluid nature of the “unfriendly” countries list, parties should also consider the potential for changes in this list over time, which could impact the enforceability of...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
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...