Authors: Aldo Berlinguer* and Maria Veronica Saladino** Published: February 2022 Jurisdictions: International Italy United States Topics: Agreement to Arbitrate Separability Defects and Invalidity Amendments and Rectification ABSTRACT Should a dispute...
Search Results for : United States
...provided for a more expansive judicial review than that available under the United States Federal Arbitration Act. The consequences of this heightened judicial review go directly against a general policy...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
...Chapter 18 of the Canada-United States Free Trade Agreement Avi Azrieli Limiting Judicial Review in International Commercial Arbitration: The New Swiss and Belgian Laws Offer Less Than They Promise Lee...
Volume 1: Issue 3 (October 1990)
Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: Arbitration Judicial Review / Severability Modification The Supreme Court of India’s recent judgment in Gayatri Balasamy v. ISG Novasoft Technologies...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...Smit was fully aware of conflict of laws issues and the role of comparative law; he also helped immensely in promoting arbitration in the United States and making New York...
The Arbitral Seat: Important Features and the Relevance of Law ...
...in the United States, the answer to that question has been “yes.” Although Article V of the New York Convention does not identify the lack of a jurisdictional nexus with...
Civil Procedure Meets International Arbitration: A Tribute to Hans Smit ...
Authors: Judy Wang & Xiaoyu Huang* Jurisdiction: Brazil United States Topics: ADR Remote Hearings Confidentiality Evidence Discovery Independence & Impartiality Annulment The conference entitled...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
Author: Qerim Qerimi* Jurisdiction: International United Kingdom United States Austria Topics: Technology Arbitral Process Basic Standards of Due Process I. Introduction Imagine a case where every participant in the...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...for International Investment, the European Union (“EU”) and the United States have expressly acknowledged the challenge facing the investment treaty system (albeit without giving any solution). They recognized that “governments...
The Investment Treaty System as Judicial Review – Vol. 24 ...
Author: Hans Smit* Published: October 2010 Jurisdiction: United States Topics: Commercial Disputes Contents of Arbitration Agreement Description: I. INTRODUCTION Now that civil litigation cannot even pretend to serve its professed...
The Unilateral Arbitration Clause: A Comparative Analysis – Vol. 20 ...
...adopted by host States that have adversely affected foreign investors. An ex post regulation is understood here in a broad sense and comprises the following situations: 1. Host States’ enactment...
Ex Post General Regulation and Investment Protection in Recent International ...
Author: Xiaobing Xu* Published: July 2007 Jurisdictions: China United States Topics: Dispute Resolution and Litigation ADR Mediation Description: Nothing is permanent but change. – Heraclitus Shutu Tonggui [reach the same...