...can be divided into two stages: Recognition Stage (Secs. 47 and 48): A party seeking to enforce a foreign award has to furnish evidence of the arbitration proceedings, viz. original...
Search Results for : Party Autonomy
...in the United States” through its long-term agreements with a consulting firm based in Virginia that led to the establishment of Devas and the party’s agreement being carried out. On...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...party did not cooperate in selecting the arbitral panel, the other had to resort to the courts to obtain specific performance of the arbitration agreement. Controversy arose over which country’s...
The Scope of the Separability of the Arbitration Agreement under ...
...party to the Agreement, they did not have knowledge of its existence when they were assigned the Trademarks, and that they were not bound by it.[9] The respondents applied for...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...the parties, it is unlikely that contractors would agree to a choice-of-forum clause in a contract, for each party might be reluctant to accept a choice of the other party’s...
International Arbitration in Australia – Vol. 1 No. 1
...law was changed by statute, agreements to submit disputes to arbitration were not enforced by the courts. If a party refused to proceed to arbitration, the courts would not compel...
Elements of International Arbitration in the United States – Vol. ...
...an adoption of article 34 of the UNCITRAL Model Law on International Commercial Arbitration.[11] The relevant rule states that an arbitral award may be set aside if the party making...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...Court of the term “arbitrability” in First Options has introduced significant confusion into the law of arbitration and obscured these once-clear governing rules. Whether a party is required to submit...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
...unveiled revised Nationally Determined Contributions (NDCs), which opened many opportunities for foreign firms seeking to invest in hydropower, energy efficiency, and methane reduction industries. UZBEKISTAN Uzbekistan is a party to...
ВITs in Central Asia: Opportunities and Risks
...complexity of the disputes.[17] This means that evidence from party-appointed experts will be admissible on all other issues under article 28.[18] In that light, this feature avoids the battle of...
Art Disputes and the Court of Arbitration for Art: Evolution ...
...to place the burden of proof on the party alleging corruption and impose a high standard of proof. The speaker provides examples of cases in which the tribunal imposed a...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...reasons desirable. This section provides the framework and context of theoretical uphill challenges affecting calls for third-party rights and liabilities in arbitration as a result of the classical privity of...