Arbitration and Dispute Resolution Archives | Page 3 of 3 | LegaMart Articles
What are the impacts of private relationship of the parties on arbitral awards?

Impacts of Private Relationship of the Parties on Enforcement of an Arbitral Award

Resistance against Enforcement of an Arbitral Award The restricted grounds of resistance against enforcement of an arbitral award under provision of Article v(1) of New York convention deal with circumstances where the arbitration contracts are invalid or there is one or some violations to the procedural agreements.  Generally, almost all legal systems decline to enforce an award based on an invalidated arbitration agreement or constructed on a violated process of consultation[1].  The ...

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What is TPF as a controversial issue in arbitration?

TPF, A Controversial Issue in Arbitration

One of the novel legal phenomena in the international arbitration community nowadays is Third Party Funding (TPF). This mechanism has raised many questions and legal challenges regarding the issue of ethics in arbitration, especially the duty of disclosure in the context of conflict of interest which can be a basis for disqualification. There is a debate in terms of birth of the third-party funding industry; it has existed for about ...

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Direct Resistant Grounds of Foreign Arbitral Awards Under the New York Convention

Resistant Against Arbitral Awards Under NY Convention

Restricted Grounds Article v(2) of the New York Convention has mentioned public policy and arbitrability as two restricted grounds by which the competent court can refuse enforcement of its motion. The Dutch supreme court took the most broadened view of public policy, which includes both substantive and procedural mandatory rules. In contrast, the court dismissed the distinction between national and international public policy in full support of the primary concept of ...

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