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...
Search Results for : Enforceability
...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...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
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...
Annulment and Enforcement of International Arbitral Awards: A Practical Perspective ...
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...
Volume 23: Issue 1 (August 2012)
...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...
Unpacking the New Greek Law on International Commercial Arbitration
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...
Modification By Agreement of the Statutory Grounds to Set Aside ...
...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...
Advance Waivers of Arbitrator Conflicts of Interest in International Commercial ...
...of abusive exercise of rights, good faith, enforceability of contracts, impartiality of the arbitral tribunal, and respect for due process of law. From this perspective, as long as the arbitral...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...Arbitrate Enforceability of Arbitration Agreements Court Decisions Contractual Expansion or Limitation of Judicial Review Judicial Confirmation of Award International Character of Dispute Jurisdiction and Powers of the Courts in Matters...
The Role of Tribunals and Courts in Preserving the Rule ...
...immediately moved the Supreme Court to challenge the decision. Before proceeding to rule on the enforceability of the award, the Court re-examined an issue that had already been decided by...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
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
...needs. Overall, its main advantages are enforceability, party control, neutrality, privacy and confidentiality, costeffectiveness and speed. The ability of the disputing parties to enjoy the abovementioned advantages is conditional on...