Tag: Definitions

  • United States Constitution topics

    Main index See: United States Constitution index United States Constitution Bibliography Abington Township v.Schempp abortion abstention doctrine accommodation Adams, John Adarand Constructors, Inc. v. Peña Adderley et al. v.Florida Adkins v. Children’s Hospital af?rmative action age and the Constitution airline passenger searches Alabama v. Shelton Alden v. Maine Alito, Samuel Allen v. State Board of…

  • List of sample letters

    List of sample letters Free letter sample & letter examples. Here, you may find all types of legal or business letters, samples, examples and templates. List of sample letters Popular Sample Letters o letter of intent format o quotation format in word o leave application sample o leave letter for marriage o leave application for…

  • Arbitration: Examples of Refusal of Recognition and Enforcement

    Arbitration: Examples of Refusal of Recognition and Enforcement   Examples of refusal of recognition and enforcement under Article V(2)(b) are: – The Court of Appeal of Bavaria refused recognition and enforcement of a Russian award on the ground of public policy because the award had been made after the parties had reached a settlement, which…

  • 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…

  • Outside or beyond the scope of the arbitration agreement (Article V(1)(c))

    Outside or beyond the scope of the arbitration agreement (Article V(1)(c))   “The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to…

  • 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: Limited discretionary power to enforce in the presence of grounds for refusal

    Arbitration: Limited discretionary power to enforce in the presence of grounds for refusal     Courts generally refuse enforcement when they find that there is a ground for refusal under the New York Convention. Some courts, however, hold that they have the power to grant enforcement even where the existence of a ground for refusal…

  • 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…

  • Original Arbitration agreement or certified copy (Article IV(1)(b))

    Original Arbitration agreement or certified copy (Article IV(1)(b)) This provision merely requires that the party seeking enforcement supply a document that is prima facie a valid arbitration agreement. At this stage the court need not consider whether the agreement is “in writing” as provided by Article II(2) or is valid under the applicable law.1 The…

  • Arbitration: Requirements to be fulfilled by petitioner (Art. IV)

    Arbitration: Requirements to be fulfilled by petitioner (Art. IV) At this phase of the proceedings, the petitioner has the burden of proof and has the duty to submit documents as listed in the New York Convention (Article IV). The petitioner only has to submit prima facie evidence. Phase I is controlled by a pro-enforcement bias…

  • 1958 Convention: Road map to article II

    1958 Convention: Road map to article II When seised of challenges to the validity of an arbitration agreement for the purposes of Article II of the Convention, the court should ask itself the following questions: 1. Does the arbitration agreement fall under the scope of the Convention? 2. Is the arbitration agreement evidenced in writing?…

  • 1958 Convention: Generally accepted principles

    1958 Convention: Generally accepted principles The Convention has not explicitly endorsed the “competencecompetence” principle, the limited review of arbitration agreements by courts at a pre-arbitration stage or the severability principle. Nevertheless, its object and purpose are better fulfilled if those principles are actually followed.   Arbitrators have jurisdiction to determine their own jurisdiction The “competence-competence”…