...parties, eliminating the specter that international arbitration will devolve into a “lottery of erratic results.” By vacating awards evidencing serious procedural irregularities, situs review, Professor Park contends, will heighten respect...
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...be “immediately recognizable and familiar” to parties from other countries, thereby making the U.S. more attractive as a situs or international arbitration. Finally, they contend that adoption of the Model...
In Support of the F.A.A.: An Argument Against U.S. Adoption ...
Articles “Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress Thomas E. Carbonneau Can the Statutory Grounds for Review of Arbitral Awards Be Changed By the Parties? A French...
Volume 18: Issue 3 (January 2009)
...have themselves identified which law trumps; as lawmakers they have the authority to jettison laws with which private parties might not be able to dispense. A second glance, however, reveals...
Mandatory Rules Of Law And Investment Arbitration – Vol. 18 ...
...of law in the theory and practice of international arbitration. The issue bears on a range of matters, including the potential for parties to evade the impact of otherwise mandatory...
Mandatory Rules In International Arbitration: Too Much Too Early Or ...
...dispute settlement mechanism provided by chapter 18. This will be done in light of the history of the Parties’ trade relations, their arbitration laws, and alternative mechanisms provided in other...
Dispute Resolution Under Chapter 18 of the Canada-United States Free ...
Author: Shaheer Tarin* Published: July 2015 Description: INTRODUCTION In recent decades, commercial transactions and business dealings between parties belonging to different cultures, societies, political systems and faiths have become commonplace....
An Analysis of the Influence of Islamic Law on Saudi ...
...whether parties can contractually expand the grounds on which arbitral awards may be judicially reviewed. Both the courts and the commentators had expressed conflicting views. Professor Rau had published a...
Hall Street Associates v. Mattel: A Critical Comment* – Vol. ...
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
The Muddy Waters of Anti-Arbitration Injunctions in India
...one hand, corruption is so serious that it demands a severe response from tribunals, and on the other hand, arbitrators lack enforcement powers and are constrained to the parties’ pleadings....
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...the same thing as making an argument. I. “THE EXPECTATIONS OF CONTRACTING PARTIES” What can it possibly mean to ask–as an endless literature relentlessly exhorts us to ask–whether arbitrators have...
The Arbitrator And “Mandatory Rules Of Law” – Vol. 18 ...
...inadequate scope of coverage. By invoking any one of these grounds, parties sought to eliminate the arbitral tribunal’s authority to rule on submitted matters. Party consent is … Download Full...