Consent has long been accepted as the cornerstone of arbitration, until recently. The evolution and expansion of arbitration brought about diverging opinions on the consensual character of…
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…
The decision made in the case of Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum & Natural Gas (Civ. Action No. 16-140 (D.D.C. 7 June 2018)) (“Hardy case”)…
As we head into the new year, it is worth reflecting on major international arbitration-related developments in the United States during 2018 and their coverage on the blog.
Early in the year, our…
Allegations of fraud and forgery of a sales agreement are for an arbitral tribunal to decide and a party should not ignore a notice of arbitration. This is according to a federal judge who enforced…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope - it states that it “shall apply to the recognition and enforcement of arbitral…
This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags…
What Is the Future of the New York Convention as a Primary Means for Enforcement of Arbitral Awards Across the Globe? Is There Any Future at All?
The year 2018 has featured many conferences and…
Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one begs the question:…
