...mediating private international investment disputes between states and nationals of other states. The main focus was upon resolving disputes between developing nations as debtors and foreign enterprises, especially contractors. Subsequently,...
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...which it was pronounced and have no effect on recognition and enforcement of the award in other member states of the Convention, except in regard to a national or domiciliary...
Annulment of an Arbitral Award and Its Subsequent Enforcement: Two ...
...agreements to arbitrate it is rarely stated what the governing law of that, separate, agreement, is. There are, in essence, two rival theories: the “seat” theory that states that the...
The Law of the Arbitration Agreement: The English Courts Decide? ...
Author: Rayan Bhattacharya* Jurisdiction: United Kingdom Topics: Applicable Law Law Applicable to the Merits INTRODUCTION The absence of an express choice of governing law in international arbitration agreements is not...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
Authors: Cesar Pereira C.Arb FCiarb*, Leonardo F. Souza-McMurtrie**, Lorenzo Galan*** Topics: Applicable Law International Character of Dispute Contract Interpretation Commercial Disputes States as Parties International Litigation Introduction The 2024-2025...
Government Contracts and the CISG: Frenemies?
...the United Kingdom, New York, and Paris have similar principles as the Model Law but do not incorporate the Model Law. For other jurisdictions that adopted the Model Law, there...
A Case for Diversity in the Seat of Arbitration
...states courts as well as arbitral proceedings.[28] Such observation is shared by an Illinois federal court in Legaspy v. FINRA, the first U.S. court case addressing remote hearings: the applicant’s...
Is it appropriate to conduct a remote hearing under the ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...
International Commercial Arbitration in Belgium – Vol. 1 No. 1
...a Course Director and Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office...
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...judicial activism – by indulging in fact-finding, eventually invalidating the award on the ground of patent illegality. Notably, countries like Singapore and the United Kingdom – though originally following the...
A Supreme Blow to Finality of Arbitral Awards and India’s ...
...permission. The Court relied on Sec. 32 of the Indian Contract Act, which states “Contingent contracts… cannot be enforced by law unless and until that [Contingent] event has happened”, to...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...the regulatory state have caused the mandatory rules of different States to come into conflict with greater frequency. In particular, antitrust and securities rules of a number of jurisdictions can...