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Kluwer Arbitration Blog:
by Phillip Capper The seat of an arbitration is a crucial factor. It determines the lex arbitri and the courts with supervisory jurisdiction over the arbitration. The important consequences of the seat require parties to choose the seat carefully. Cases where no seat is chosen by the parties are not uncommon. The Englis (Read More)
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Mondaq.Com - feed of articles on Litigation and Arbitration:
Foreign judgments including the ones from arbitration courts or tribunals become recognizable under Turkish law via separate judgment of the Turkish Courts called ‘recognition and enforcement decisions’ ("in Turkish the procedure is named ‘tenfiz’"). (Read More)
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arbitration,
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Kluwer Arbitration Blog:
by Roger Alford The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could “reverse preempt” the New York Convention. As any student of international arbitration knows, state law occasionally attempts to limit the enforceability of arbitration agreements. Such a policy is pree (Read More)
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arbitration,
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Nov 17, 2009
ICCA Articles:
This article examines the contours of national respect for the New York Convention by examining recent divergent strands of case law. (Read More)
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ICCA Articles:
This examination of recent United States case law highlights emerging tensions between treaty obligations and national law in the recognition of arbitral awards. (Read More)
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Law,
arbitration
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ICCA Articles:
This is a case note examining a recent judgment of the Cairo Court of Appeals in setting aside proceedings. (Read More)
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arbitration
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Arbitration Journals (Source: W&L Law):
ArticlesThe Arbitration Exclusion in Regulation 44/2001 after West Tankers (ALEXIS MOURRE AND ALEXANDRE VAGENHEIM) p.75The Appointment and Challenge of Arbitrators Under the Rules of the Australian Centre for International Commercial Arbitration (GABRIËL MOENS AND SAM LUTTRELL) p.84International Commercial Arbitration: Hurd (Read More)
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arbitration,
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Arbitration Journals (Source: W&L Law):
ARTICLESCLASS ACTIONS IN INTERNATIONAL ARBITRATION: APPLICABLE RULES AND LAW (Hans Smit) p.201A QUESTION OF FAIRNESS: SHOULD NOERR-PENNINGTOM IMMUNITY EXTEND TO CONDUCT IN INTERNATIONAL COMMERCIAL ARBITRATION? (Randy D. Gordon) p.211BETWEEN SCYLLA AND CHARYBDIS: CAN A PLEA OF NECESSITY OFFER SAFE PASSAGE TO STATES IN RESPON (Read More)
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arbitration,
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Arbitration Journals (Source: W&L Law):
ARTICLESDefining the Indefinable: Practical Problems of Confidentiality in Arbitration (Michael Hwang S.C. and Katie Chung) p.609The Group of Companies Doctrine in International Commercial Arbitration: Is There any Reason for this Doctrine to Exist? (Pietro Ferrario) p.647Arbitrators Granting Antisuit Orders: When Should Th (Read More)
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arbitration,
Law
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Kluwer Arbitration Blog:
by Aloke Ray Earlier this year, the Hong Kong Court of First Instance ruled that, in future, when it hears unsuccessful attempts to resist enforcement of arbitral awards under the New York Convention, it will “normally consider” awarding costs on an indemnity basis (i.e., in full, regardless whether they were reasonably inc (Read More)
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arbitration
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Kluwer Arbitration Blog:
by Epaminontas Triantafilou United States Code Title 28 Section 1782(a) is well-known to practitioners who have participated in international arbitral proceedings involving U.S. parties. The provision governs the judicial assistance U.S. federal courts can provide in foreign discovery. It states, in relevant part, that fe (Read More)
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arbitration
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Arbitration Journals (Source: W&L Law):
World Trade Organization (WTO): WTO Dispute SettlementUnited States—Measures Relating to Zeroing and Sunset Reviews Recourse to Article 21.5 of the DSU by Japan Report of the Appellate Body 18 August 2009 p.1063Arbitral AwardsInternational Centre for Settlement of Investment Disputes (ICSID) Waguih Elie George Siag & Clorin (Read More)
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arbitration
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ICCA Articles:
This review of arbitration topics in New Zealand addresses the Arbitration Amendment Act 2007 and the changes it has made, the newly introduced appropriately restrictive test to be applied when special leave is sought in relation to questions of law arising out of an award and the growing importance for New Zealand of inves (Read More)
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arbitration,
Law
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ICCA Articles:
This article addresses the issue of joining non-signatories to an arbitration, in which cases arbitrators often look to theories related to implied consent and lack of corporate personality. (Read More)
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arbitration
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ICCA Articles:
This book chapter explores the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings -- the "soft law" of international arbitration. (Read More)
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arbitration,
Law
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