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All articles tagged '"New York Convention"'
19 articles found
Recent Developments in International Arbitration | Sept. 2011
By Victoria VanBuren - September 13, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: Germany: Court rules on New York Convention’s more-favourable right provision India: Supreme Court rules on dragging non-parties to arbitration Kenya: Arbitration: advantages, drawbacks and processes Spain: Arbitration Law is amended: compulsory insurance policy introduced Switzerland: Supreme Court confirms bench
American Review of International Arbitration | Arbitration and National Courts: Conflict and Cooperation
By Victoria VanBuren - July 27, 2011
The American Review of International Arbitration, a law review by the Parker School of Foreign and Comparative Law at Columbia University published recently a hardback issue with papers presented at the University of Texas symposium back in May of 2010, on the theme, “Arbitration and National Courts: Conflict and Cooperation.” (previews of the conference papers are here). The issue includes papers by luminaries such has Michael Reisman of Yale, P
S.D. of Texas Confirms Foreign Arbitration Award Where Fraud Was Alleged
By Beth Graham - April 25, 2011
The Southern District of Texas has confirmed a foreign arbitration award despite that fraud was alleged because the public policy defense specified in the New York Convention does not preclude confirmation of a foreign arbitral award where the party arguing against confirmation also allegedly participated in the fraud. In Tamimi Global Co. v. Kellogg Brown & Root LLC, No. H-11-0585, (S.D. Tex., March 24, 2011), the United States of America aw
CIArb Launches Major Survey Into Costs of International Arbitration
By Beth Graham - December 9, 2010
On November 26th, the Chartered Institute of Arbitrators (CIArb) launched a major survey into the costs of international arbitration. According to the CIArb News: The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each stage. The results will be analysed and presented at an internationa
Article | From Class to Collective: The De-Americanization of Class Arbitration
By Beth Graham - November 16, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, recently wrote an interesting article entitled From Class to Collective: The De-Americanization of Class Arbitration, Arbitration International, Vol. 26, No. 4, 2010. In the article, Professor Strong considers in detail what new forms of group arbitration will likely arise in the future. Here is the Abstract: Opponents to international class arbitra
Manifest Disregard Round-Up
By Beth Graham - October 20, 2010
Mike Wolgin of the Miami office of Jorden Burt, LLP has compiled a list of recent cases which address “manifest disregard” of the law in an arbitral context. They include: Paul Green School of Rock Music Franchising, LLC v. Smith, No. 09-2718 (3d Cir., Aug 2, 2010), affirmed a district court’s confirmation of an arbitration award and held that the award did not constitute a “manifest disregard” of the law. The Third Circui
American Review of International Arbitration Article | Understanding (and Misunderstanding) ‘Primary Jurisdiction’
By Victoria VanBuren - August 31, 2010
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Understanding (and Misunderstanding) “Primary Jurisdiction, American Review of International Arbitration (forthcoming). Here is the abstract: In our “Westphalian” regime of international arbitration, conflict and competition between national jurisdictions, with overlapping and yet plausible claims to supervise the process, become inevitable. The conv
International Arbitration & Federal Court Jurisdiction
By Rob Hargrove - August 19, 2006
On Thursday, the Fifth Circuit handed down an opinion in a complicated case (link is to .pdf of opinion) which implicates, in part, the Federal Arbitration Act, to the extent it codifies the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (we blogged on the New York Convention and its roots back in June). In any event, while Thursday’s case is not really about arbitration, an international arbitration is at
International Arbitration and U.S. Federal Courts
By Rob Hargrove - June 8, 2006
Just moments ago, the Fifth Circuit released an opinion examining Section 205 of the Federal Arbitration Act (Chapter 2), which allows for the removal of state court actions which relate to an arbitration agreement or award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly referred to as the “New York Convention“). The Fifth Circuit Opinion spends a great deal of time in this case explaining
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