Tag: Treaty

  • Strategic Arms Limitation Talks

    Introduction to Strategic Arms Limitation Talks Strategic Arms Limitation Talks (SALT), negotiations that began in November 1969 between the United States and the Union of Soviet Socialist Republics (USSR) on the regulation of the nuclear arms competition between the two nations. A wide range […]

  • Strategic Arms Limitation Talks Accords

    Introduction to Strategic Arms Limitation Talks AccordsThe negotiations known as SALT I began in November 1969 and ended in January 1972, with agreement on two documents: the Anti-Ballistic Missile Treaty (ABM Treaty) and the Interim Agreement on the Limitation of Strategic Offensive Arms. …

  • Strategic Arms Limitation Talks Background

    Introduction to Strategic Arms Limitation Talks BackgroundThe United States first approached the USSR in 1964 to suggest bilateral arms-control talks. At that time the United States had a clear superiority in nuclear arms, but there were indications that the USSR was developing weapons that…

  • Treaty of Versailles extra-European Territorial Changes

    Treaty of Versailles extra-European Territorial Changes Versailles Treaty: Germany renounces extra-European possessions Germany is required to renounce generally and specifically all her extra-European possessions. The general clause of renunciation leaves the titles in the air, but Germany undertakes to recognize and conform to the measures which may be taken by the Powers in connection therewith.…

  • Asylum Law

    Refugee & Asylum Law See also Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , Treaty, United Nations Convention Relating to the Status of Refugee , United Nations Protocol Relating to the Status of Refugees , Legislation on Refugee & Asylum Law Convention Against Torture and Other Cruel, Inhuman or Degrading…

  • 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”…

  • Arbitration: Basic features of the convention's regime on arbitration agreements

    Arbitration: Basic features of the convention’s regime on arbitration agreements Arbitration agreements are presumed valid The drafters of the Convention intended to eliminate the possibility for a party to an arbitration agreement to go back on its commitment to arbitrate and instead submit the dispute to State courts. Accordingly, the Convention sets forth a “pro-enforcement”…