...by separate legislations. The enforcement of domestic awards was governed by the Arbitration Act, 1940 while foreign awards governed by the New York Convention were enforced under the Foreign Awards...
Search Results for : International Arbitration Club of New York
...class action in the New York Supreme Court by Gateway customers who had purchased their computers by mail or telephone. The defendants pleaded an arbitration clause as a bar. The...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
...as an issue is the single biggest challenge … Download Full PDF *Independent Arbitrator & Mediator – New York; Fellow, College of Commercial Arbitrators; Member, New York and Ontario Bars....
Great Expectations: Meeting the Challenge of a New Arbitration Paradigm ...
...lack of clear evidentiary principles in investor-state arbitration. The marshaling of evidence in investment arbitration is generally similar to the process in commercial arbitration, in the sense that it can...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...introduction to the current regulatory framework and arbitration institutions; an overview of the main features of arbitration in China; a detailed discussion of the difference between domestic and foreign-related arbitration;...
Jerome Cohen, Neil Kaplan & Peter Malanczuk, Advisory Eds., Daniel ...
...including international arbitration. It is hence paramount to provide some thoughts on arbitration law and the arbitral seat and also to attempt a preliminary assessment as to why New York...
The Arbitral Seat: Important Features and the Relevance of Law ...
...manifested by national courts toward arbitration. The New York Convention was intended to serve two overarching objectives—greater enforceability of agreements to arbitrate and greater uniformity of enforcement practice. To that...
Managing Requests for Enforcement of Vacated Awards Under the New ...
...article was originally published as “The Role of National Courts at the Threshold of Arbitration,”in INTERNATIONAL ARBITRATION AND THE RULE OF LAW: CONTRIBUTION AND CONFORMITY 443-457 (Andrea Menaker ed., 2017)....
The Role of National Courts at the Threshold of Arbitration* ...
...“New York Convention”), as well as by the Law of the Russian Federation “on International Commercial Arbitration” of 1993 and the Commercial (“Arbitrazhnyi”) Procedure Code of 2002 (the “CPC”). The...
Substantive Ordre Public in Russian Case Law on the Recognition, ...
...President of the American Society of International Law; former Chairman of the American Bar Association International Law Section; former Chair of the New York City Bar Association International Law Committee....
Section 1782 and International Arbitral Tribunals: Some Key Considerations in ...
Author: Linda Silberman* Published: December 2003 Jurisdiction: International Topics: Dispute Resolution and Litigation ADR International Litigation Description: I. INTRODUCTION Professor Lowenfeld’s Panglossian view of arbitration does not come as any...
International Arbitration: Comments From a Critic – Vol. 13 No. ...
...international commercial arbitration is a highly complex subject fraught with great difficulty and uncertainty. It has been described as one of commercial arbitration’s most challenging issues where “[m]ost relevant questions,...