Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the…
This post analyses the decisions of Hungarian courts rendered under the New York Convention (“Convention”) and published in the last two decades. The decisions were initially made available to the…
As reported in earlier blog posts on the Kluwer Arbitration Blog, Hungary’s newly adopted Arbitration Act (Act No. LX of 2017, hereafter the “2017 Arbitration Act”) is based on the UNCITRAL Model…
Introduction
The enforcement bar is becoming more specialized. This development follows the trend in U.S. litigation towards increasing specialization and the growth of niche practice industries; but…
A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra Terminais”), and the Dock Companies…
The Public Policy Exception as an Unruly Horse
There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still…
A little under ten years ago Sir Rupert Jackson proposed significant reforms to reduce the costs of litigation in England and Wales. It is fair to say that while his reforms have received both praise…
Background
The Indian Arbitration and Conciliation Act, 1996 (“Act”) provides, in Section 37(2)(b), for an ‘appeal’ from an arbitral tribunal’s order on interim/provisional measures (“interim order”)…
On the 60th anniversary of the New York Convention, we can generally conclude that the public policy basis for refusing to enforce an arbitration award has for the most part worked as the drafters…
