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Arbitration agreements and arbitral awards are enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"). [2] The International Centre for the Settlement of Investment Disputes (ICSID) also handles arbitration, but it is limited to investor-state dispute ...
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.
An arbitral decision is foreign where the award was made in a state other than the state of recognition or where foreign procedural law was used. [45] In most cases, these disputes are settled with no public record of their existence as the loser complies voluntarily, [ 46 ] although in 2014 UNCITRAL promulgated a rule for public disclosure of ...
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a provisional award is an award on a provisional basis subject to the final determination of the merits. [5] a partial award is an award of only part of the claims or cross claims which are brought, or a determination of only certain issues between the parties. Importantly, this leaves it open to the parties to either resolve or to continue to ...
In the 1950s and 1960s, the Organisation for European Economic Cooperation (now the Organisation for Economic Co-operation and Development) had made several attempts to create a framework to protect international investments, but its efforts revealed conflicting views on how to provide compensation for the expropriation of foreign direct investment.
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 ...
Chapter 2: Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Chapter 3: Inter-American Convention on International Commercial Arbitration; Chapter 4: Arbitration of Disputes Involving Sexual Assault and Sexual Harassment