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Search results for: “arbitration awards”

  • Investment Treaty Arbitration

    Investment Treaty Arbitration History By Susan D. Franck Since at least 1794, arbitration has been used as a mechanism for fostering foreign investment and providing a neutral forum to resolve international disputes. Although there have been bumps and bruises as international arbitration has evolved into an independent discipline with impartial and expert decision makers, arbitration…

  • International Arbitration, Historical

    International Arbitration International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise expressed, that the judgment shall be in accordance with the law by…

  • Labor Arbitration

    Labor ArbitrationIn the 1947 Taft-Hartley Act, Congress declared that arbitration was the "desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement" (see National Labor Relations Act). Build…

  • Arbitration Award

    Arbitration Award International awards differ from civil awards in having no legal sanction by which they can be enforced. On the other hand, they resemble civil awards in that they may be set aside, i.e. ignored, for sufficient reason, as, for example, if the tribunal has not acted in good faith, or has not given…

  • United States Arbitration Act

    An act of Congress that prescribes the basis for arbitration of commercial disputes arising from maritime contracts and contracts involving foreign entities. The act is divided into two chapters.Chapter I, dealing with maritime transactions, was enacted in 1947 and based upon an earlier …

  • New York Convention On The Recognition And Enforcement Of Foreign Arbitral Awards

    Enforcement Of Foreign Arbitral Awards. An international convention that emerged on June 10, 1958, at the conclusion of the United Nations Conference on International Commercial Arbitration. The convention establishes principles and procedures for the arbitration of international commercial disputes…

  • Outline of International Arbitration

    Outline of International Arbitration See Outline of International litigation Subject-matter The history of international arbitration is dealt with in the article Peace, where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of…

  • Transnational Arbitration

    Transnational Arbitration   1 20TH ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION “CONFRONTING ETHICAL ISSUES IN INTERNATIONAL ARBITRATION” World Arbitration & Mediation Review Volume 3, Number 3, 2009 LAW JOURNAL / LAW REVIEW 2 SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION Treaties , AS OF SEPTEMBER 25, 2009 Seem Web & Rami Zoubi World Arbitration…

  • Arbitration: Examples of Recognition and Enforcement

    Arbitration: Examples of Recognition and Enforcement   In a German case before the Court of Appeal of Celle, the seller sought to enforce an award of the International commercial arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (ICAC). 49 The buyer contended that permitting enforcement would violate public policy either…

  • Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2))

    Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2))   Article V(2) of the Convention provides: “Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that: (a) The subject matter of the difference is…

  • Arbitration: Right to a Fair Hearing

    Arbitration: Right to a Fair Hearing     Article V(1)(b) requires that parties be afforded a fair hearing that meets the minimal requirements of fairness. The applicable minimum standards of fairness were described by the United States Court of Appeals for the Seventh Circuit as including “adequate notice, a hearing on the evidence, and an…

  • Invalidity of Arbitration Agreement

    Invalidity of Arbitration Agreement     Article V(1)(a) also provides a ground for refusal where the arbitration agreement “referred to in article II” is “not valid under the law to which the parties have subjected it, or failing any indication thereon, under the of the country where the award was made” . This ground for…

  • Arbitration: Incapacity of Party

    Arbitration : Incapacity of Party   The types of issues arising under this ground include the “incapacity” defences, such as mental incompetence, physical incapacity, lack of authority to act in the name of a corporate entity or a contracting party being too young to sign (minority). In addition, the term “incapacity” in the context of…

  • Arbitration: Grounds for refusal (Article V) in general

    Arbitration: Grounds for refusal (Article V) in general This phase is characterized by the following general principles: – no review on the merits; – burden on respondent of proving the exhaustive grounds; – exhaustive grounds for refusal of recognition and enforcement; – narrow interpretation of the grounds for refusal; – limited discretionary power to grant…

  • Arbitration: Consequences of the non-application of the New York Convention

    Arbitration: Consequences of the non-application of the New York Convention   The non-application or incorrect application of the New York Convention engages in principle the international responsibility of the State. A breach of the State’s obligations under the Convention may in certain circumstances also constitute a breach of a bilateral or multilateral investment treaty.In any…