...the arbitration. Since the New York Convention does not permit non-recognition of an award on the ground that the arbitral fees are improper, the Swedish law appears to be applicable...
Search Results for : non-signatories
...the interested party has brought no allegation or defense in that sense.[42] Based on our exam, there were no cases in which the Court identified situations of “non-arbitrability.” On the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...York Convention. Article V of the Convention enumerates exhaustive grounds for refusing enforcement, none of which include the nationality of arbitrators. By extending the scope of public policy to include...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...and there will inevitably never be consensus on which treaty is supreme. For instance, a non-EU member State that signs a treaty with an EU member State will likely not...
Investment Treaty Law and International Law – Vol. 23 No. ...
...disputes do arise and self-help remedies are non-viable, parties want to rely on an efficient and effective dispute resolution system. Unfortunately, the divergent nature of procedural law in the different...
Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...
...over treaty texts in international law and what has been described as the rise of ‘shared interpretive authority’ (see here and here). That phenomenon is theoretically complex and spans diverse...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...these agreements merged into a single debt agreement. The Court also found that the clause was non-exclusive—Defendant bore the burden to show that mainland Chinese courts would be the more...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...non-NAFTA tribunals. However, the tribunal found that Mondev’s standard of “willful disregard” does not require “evidence of intention or malice, collusion, corruption, or flagrant abuse”, contrary to Mexico’s position.[23] Relying...
Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...
...a foreign jurisdiction clause in the contract, identifying the courts of a particular country as having exclusive or non-exclusive jurisdiction to entertain any disputes arising from such contracts. This would...
Safeguarding Arbitral Integrity In Nigeria: Potential Conflict Between Legislative Policies ...
...arbitral tribunal, allocation of costs and third-party funding, as well as establishing rules making arbitration involving corporate litigation non-confidential and requiring proper disclosure of information about the commencement and development...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...of the agreement. At first, Antrix declined to appoint an arbitrator and participate in the arbitral proceedings, but the tribunal proceeded nonetheless. In 2015, the ICC tribunal awarded Devas U.S....
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
Articles Protocols for International Arbitrators Who Dare to Settle Cases Harold I. Abramson United States Federal Courts: No Longer Available to Compel Discovery in Connection with Non-United States Arbitrations Brian...