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Under American law, the recognition of foreign arbitral awards is governed by chapter 2 of the Federal Arbitration Act, which incorporates the New York Convention. [5] Therefore, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts state law. In Foster v.
a reasoned award is not a sub-category of award, but is used to describe an award where the tribunal sets out its reasoning for its decision. [9] an additional award is an award which the tribunal, by its own initiative or on the application of a party makes in respect of any claim which was presented to the tribunal but was not resolved under ...
The inter-American convention on extraterritorial validity of foreign judgments and arbitral awards is a convention of the Organization of American States regulating the enforcement of judgements and arbitral awards in other member states. [2]
High-Low Arbitration, or Bracketed Arbitration, is an arbitration wherein the parties to the dispute agree in advance the limits within which the arbitral tribunal must render its award. It is only generally useful where liability is not in dispute, and the only issue between the parties is the amount of compensation.
A number of arbitral institutions have adopted the UNCITRAL Rules for use in international cases. See for example, Australia's adoption of the UNCITRAL Rules in its 6 July 2010 amendment to the 'International Arbitration Act 1974' (Cth). [23] [24] The most salient feature of the rules of the ICC is its use of the "terms of reference."
The U.S. is a signatory to international conventions regulating the enforcement of arbitration awards, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards [68] [69] (often referred to as the "New York Convention"), and the Inter-American Convention on International Commercial Arbitration, 14 I.L.M. 336 (1975 ...
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The Mallet-Prevost memorandum is a document posthumously published, written by Severo Mallet-Prevost, official secretary of the US–Venezuela delegation during the 1899 Paris Arbitral Award, which stated that the award, ruled largely in favour of Britain in a territorial dispute with Venezuela, resulted from the pressure by the Tribunal President Friedrich Martens and a political deal between ...
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