...the Indian courts (“Courts”) have largely adopted a policy of non-interference in the enforcement of foreign arbitral awards except on the limited grounds provided in the Arbitration and Conciliation Act,...
Search Results for : non-signatories
...litigation is not always money. They may be driven by non-monetary goals such as vindication, creating new precedents, or just exercising leverage over the opposing party.[36] These non-monetary goals may...
Negotiating Funding Arrangements: Trick or Treat
...laboratory, but solely on the basis of circumstantial evidence (the so-called “nonanalytical positive” or “circumstantial evidence” doping cases).10 Neither was it … Download Full PDF *Partner, Froriep Renggli (Geneva, Switzerland);...
Do Athletes Really Have the Right to a Fair Trial ...
...arbitration agreement would become unenforceable, invalid, or non-existent if the applicable stamp duty on the substantive contract—of which the arbitration agreement is a part—had not been paid.[1] On the one...
Setting the Clock Back: Judicial Interference in the Appointment of ...
Author: Stefan Kröll* Published: August 2012 Description: I. INTRODUCTION Most modern arbitration laws and institutional rules now explicitly allow for interim relief by arbitral tribunals. The traditional hostility towards arbitral...
The Non-Enforceability of Decisions Rendered in Summary Arbitral Proceedings Pursuant ...
Author: Jacques de Werra* Published: March 2020 Jurisdictions: International Europe Topics: ADR Transfer of Technology Online Arbitration Third Parties in Arbitral Proceedings Arbitrability Description: The application of the General Data...
Using Arbitration and ADR for Disputes about Personal and Non-Personal ...
...Similarly, the UNIDROIT Principles of International Commercial Contracts, 2016 (“UNIDROIT Principles”) provide similar provisions under Article 7.1.7 for non-performance due to an unexpected impediment. Liability for non-performance of a contract...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
Authors: Brian M. Cogan* and David A. Sifre** Published: March 1999 Jurisdiction: United States Topics: Court Decisions Practice and Procedure Discovery Description: Federal courts in the United States have been...
United States Federal Courts: No Longer Available to Compel Discovery ...
...submissions to specific claims (as a disputing or non-disputing party – see, for instance, El Salvador’s non-disputing party submission in Spence International Investments v. Republic of Costa Rica and Switzerland’s...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...appreciate this approach. Once the Courts have observed the award as being non-existent, would it not contravene the United States’ public policy to enforce a non-existent award? A possible defense...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...awards entered in any of the more than 125 countries that are signatories to the New York Convention or the European Convention are enforceable in Ukraine, making arbitration a vital...
Enforcing Foreign Arbitral Awards and Foreign Judgments in Ukraine* – ...
...Nevertheless, this treaty is arguably the “most important convention in the field of arbitration,” its magna carta. It enshrines the commitment of its 148 signatories to the process of arbitration...