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Impacts of Private Relationship of the Parties on Enforcement of an Arbitral Award Under New York Convention

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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Screen Shot 2020 03 02 at 3.55.53 AM - TPF in Dispute Resolution

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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- New York Convention in Dispute Resolution

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

Restricted Grounds Article v(2) of New York Convention has mentioned public policy and arbitrability as two restricted grounds which the competent court can refuse enforcement by its motion. The most broadened view to the public policy which includes both of substantive and procedural mandatory rules was taken by the Dutch supreme court while the distinction between a national and international public policy was dismissed and the court applied its discretion in ...

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