...arbitrations. In addition, JAMS now has on its roster of neutrals in excess of 200 individuals, many of whom are former U.S. state or federal court judges. The remainder of...
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...to him. One question that has arisen is whether an independent basis of adjudicatory jurisdiction over the defendant is necessary in order to enforce a foreign arbitral award. At least...
Civil Procedure Meets International Arbitration: A Tribute to Hans Smit ...
...the liberty to assume that the various stipulations of the contract come under the ambit of the same law in order to avoid inconsistency. Hence, the arbitration clause is effectively...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...not binding on Member States, according to Paragraph 105 of the International Court of Justice Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...arbitration in the corporate context in Germany and the U.S. But in order to do so, a brief analysis of the requirement of an agreement to authorize class arbitration and...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...needed in order for international arbitration to be effective. Section 1782, as applied by some courts, offers the necessary assistance, but also threatens to disrupt arbitral proceedings by allowing parties...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...appealing. I decided to move that the U.S. district court dismiss the petition to vacate the award for lack of subject matter jurisdiction and order enforcement of the award. If...
Where to Vacate and How to Resist Enforcement of Foreign ...
...it make whether an award is characterized as “domestic” or “foreign” (or otherwise “non-domestic”)? The most obvious practical effect of this distinction is that the protections of the New York...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...of Appeal (SGCA) in The Republic of India v Deutsche Telekom[1] dismissed Republic of India’s appeals against the rejection of its application to set aside a Swiss order granting leave...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...of Legal Affairs at the International Telecommunications Satellite Organization. The author is indebted to Professor Perry Wallace for his review and comments on this paper. I would also like to...
International Commercial Arbitration Involving a State Party and the Defense ...
...Award (Dec. 27, 2016), https://www.iareporter.com/articles/in-newly-unearthed-uzbekistan-ruling-exorbitant-fees-promised-to-consultants-on-eve-of-tender-process-are-viewed-by-tribunal-as-evidence-of-corruption-leading-to-dismissal-of-all-claims-under-dutch/. [18] Netherlands Model Investment Agreement, Mar. 22, 2019, https://investmentpolicy.unctad.org/international-investment-agreements/treaty-files/5832/download. [19] Reciprocal Investment Promotion and Protection Agreement, Morocco-Nigeria, Dec. 3, 2016, https://investmentpolicy.unctad.org/international-investment-agreements/treaty-files/5409/download. * Natália Rincon is...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...the context of conflict of laws, the concept of mandatory rules (lois de police) developed to denote the transnational application of a mandatory norm, based on legislative intent, irrespective of...