Author: George A. Bermann* Published: July 2011 Description: I. INTRODUCTION Rarely, over the decades following its entry into force, was the 1958 United Nations Convention on the Recognition and Enforcement...
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...was presented the following Monday to the United Nations Conference on International Commercial Arbitration, and it provided the basis for the United Nations Convention on the Recognition and Enforcement of...
Enforcement of Foreign Arbitral Awards: Observations on the Efficiency of ...
...under the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) (Article 49(3)) that measures taken during the suspension or countermeasure are reversible and allow for...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
Author: Marcus S. Jacobs* Published: June 1991 Jurisdiction: Australia Topics: Contractual Expansion or Limitation of Judicial Review Description: Australia is a federal state comprised of six states and two territories,...
Judicial Review of Awards Under Australia’s Model Uniform Law – ...
...address what litigators trained in the United States call “the internationalization of arbitral procedure.” By this, they mean that what previously took place in U.S. arbitral procedure, in which one...
International Commercial Arbitration: Two Cultures in a State Of Courtship ...
...language is ambiguous, often leading States to invoke doctrines like the “clean hands” doctrine[9] to prevent dirty-handed investors from benefiting from the treaty (e.g., Glencore Finance (Bermuda) Limited v. Plurinational...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...The Act does not have any provision for the challenge of the arbitrator under section 11(6) of the Act. The section clearly states that only upon failure to comply with...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...is largely considered the primary duty and prerogative of the member states to set up national legal systems. This is referred to as the principle of procedural autonomy. This principle,...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
Author: IY Joseph Cho* Jurisdictions: Republic of Korea Democratic People’s Republic of Korea The United Nations Topics: Enforcement of Arbitral Awards The New York Convention Mandatory Rules ...
The Sanctions Wall: What Remains of an Arbitral Award Against—or ...
...the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) was designed to put an end to the ubiquitous distrust...
Managing Requests for Enforcement of Vacated Awards Under the New ...
...common criticism of international law is that its standards are not effectively absorbed into domestic legal systems. While States may sign multilateral treaties to demonstrate adherence to international principles, the...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...in adding a choice of law clause providing for French law as the applicable law. This clause is enforceable under Article 3 of the Rome I Regulation, which states that...