...have held that at least some species of international arbitral tribunals qualify as “a foreign or international tribunal” within the meaning of § 1782, thus making the construction and application...
Search Results for : International
...which allows parties to a proceeding before a “foreign or international tribunal” to request assistance from U.S. district courts in obtaining evidence, is available in a private arbitration. The main...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...arbitrator’s judgment of the merits with their own.[12] MANIFEST DISREGARD AND INTERNATIONAL ARBITRATION AWARDS RENDERED IN NEW YORK Chapter 2 of the FAA incorporates the New York Convention[13] into U.S....
Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...
Author: Boma Briggs * Jurisdictions: International Topics: Diversity Choice of Forum/Place of Proceedings Proposals to Create an International Arbitration System Introduction: May I Have a Seat? Businesses across the globe...
A Case for Diversity in the Seat of Arbitration
...to liberalize in significant measure the assistance rendered by American courts to foreign and international tribunals. As international arbitration increases its growth, the question of whether Section 1782 provides for...
American Judicial Assistance to International Arbitral Tribunals – Vol. 8 ...
Author: Jan-Philip Elm* Published: October 2016 Description: Empirical evidence indicates that national court judges fall prey to cognitive biases and heuristics. The same may be assumed for international arbitrators. Improving...
Behavioral Insights Into International Arbitration: An Analysis of How to ...
...a desirable method for the settlement of disputes, particularly international commercial disputes. This is not to say that arbitration is new to Australia; it has long been practiced, and in...
International Arbitration in Australia – Vol. 1 No. 1
Author: Allen B. Green* and Josh Weiss** Published: June 2012 Description: I. INTRODUCTION International arbitral awards are generally expected to be enforceable worldwide. The international community has provided a set...
Public Policy and International Arbitration in the European Union – ...
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 ...
...International Standard Electric Corporation (“ISEC”), a wholly-owned subsidiary of International Telephone and Telegraph Co., would challenge an adverse award. When the award was finally released, the question was how and...
Where to Vacate and How to Resist Enforcement of Foreign ...
...that explicit. This is regrettable. In the context of enforcing international arbitration agreements or awards, it is international public policy, not local public policy that should provide the applicable standard....
Comments on Public Policy in International Arbitration – Vol. 13 ...
Author: Josh B. Martin* Published: April 2017 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Commercial Disputes International Character of Dispute Applicable Law Description: INTRODUCTION The role of mandatory rules within...