Interpreting Ambiguous Domestic and Foreign Arbitral Awards

Interpreting Ambiguous Domestic and Foreign Arbitral Awards [New ...

Michael Fernández contributed an article to the New York Law Journal comparing the approach that New York federal and state courts treat ambiguous awards.

Interpreting Ambiguous Domestic And Foreign Arbitral Awards

When faced with a motion to vacate an ambiguous arbitration award, New York's federal courts applying the FAA have generally opt- ed to confirm ...

Interpreting Ambiguous Domestic and Foreign Arbitral Awards

This article will begin by discussing how New York federal and state courts treat ambiguous domestic awards in the pre-judgment and post-judgment context.

Mind the Gap: A Dutch Example of Interpreting an Ambiguous ...

In doing so, no special caveat is made for questions regarding the interpretation of the arbitration agreement. As such, the arbitral tribunal ...

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign ...

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues ...

The Guide to Challenging and Enforcing Arbitration Awards

For those unfamiliar with Global Arbitration Review, we are the online home for international ... interpreting the text of the Convention and its travaux ...

Judicial Review of International Arbitral Awards

While the arbitrator may interpret any ambiguity ... most cautious before interpreting its domestic legislation in such manner as to violate international ...

Issues relating to Challenging and Enforcing Arbitration Awards

The grounds for refusal to enforce an arbitral award under the UNCITRAL Model Law parallel those enacted in the New York Convention. Article 36 of the UNCITRAL ...

Assessing the Public Policy Exception and Comparative ...

International Arbitration will be rendered toothless if there is no effective enforcement of foreign awards due to judicial interference.

The Guide to Challenging and Enforcing Arbitration Awards

and enforcement of arbitral awards, whether domestic or foreign. In general ... This rule is often interpreted broadly, and means that an award ...

Court Decisions: per topic - New York Convention

The Convention's title refers to the recognition and enforcement of “foreign arbitral awards”. Which arbitral awards are to be considered as “foreign”, and ...

Enforcement of Foreign Arbitral Awards - The United Nations ...

between two aliens. 7 4. Although the court in Bergesen purported to base its expansive interpretation of the "not considered as domestic" clause partly on.

Public Policy Barricading the Foreign Arbitral Award

In the name of local contract laws and fundamental principles of a nation, judge keeps hampering the enforcement of foreign award. Internal Law ...

lack of jurisdiction and forum non conveniens as defenses to the ...

foreign arbitral awards and foreign judgments. However, there is recent case law, including court decisions in New York, which has created some uncertainty ...

UNCITRAL Secretariat Guide on the Convention on the Recognition ...

in interpreting Section 7(2) of the Australian International Arbitration ... of foreign arbitral awards, the procedural rules governing domestic arbitral awards.

Article II - Guide - NYCG 1958 - 1958 New York Convention Guide

In interpreting the word “differences”, the High Court of Hong Kong has held that the parties should be referred to arbitration even when there is a dispute as ...

Awards: Challenges - Global Arbitration Review

In addition to correction, arbitration laws and institutional rules often grant arbitral tribunals authority to interpret their award to clarify ...

the new york convention on the recognition and enforcement of ...

... Domestic Arbitral Awards?, 18. FORDHAM INT'L L.J. 920, 926 (1995) ... Foreign Arbitral Awards addressed foreign arbitration, but they were ineffective and.

The Federal Courts and the Enforcement of Foreign Arbitral Awards

Part III surveys and ana- lyzes the key federal court decisions interpreting the Conven- tion. Part IV discusses the unresolved issues under the. Convention.

foreign arbitration awards are as both binding and enforceable as ...

... interpretation was deemed ambiguous. Contrary to a foreign arbitral award, the binding effect of a domestic award being the same as a ...