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Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu
Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu
LLM Theses and Essays
Article V of the New York convention lays down the provisions under which the recognition and enforcement of an arbitral award may be refused. The United States and India are signatories to the Convention. Section 10(a) of the Federal Arbitration Act in the United States limits the scope of judicial review of the arbitral awards to a clear list of grounds of vacatur. The national courts of the United States have recognized several non-statutory grounds of which "manifest disregard of the law" as a standard of review is the focus in this thesis. In fact, the state of Georgia has …
Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan
Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan
LLM Theses and Essays
The primary objective of this thesis is to show the proposals that have been made in order to amend the New York Convention. This study tries to analyze the problems that the proposed modifications seek to eliminate. In general these proposals were aimed at amending the Convention in order to widen the scope of application of the Convention and to eliminate the difficulties with the enforcement of arbitral awards in national courts Chapter two of this study gives a historical overview of the multilateral enforcement conventions prior to the New York Convention and a brief drafting history of the New …
"Judicial Supervision Of Transnational Commercial Arbitration: The English Arbitration Act Of 1979, William W. Park
"Judicial Supervision Of Transnational Commercial Arbitration: The English Arbitration Act Of 1979, William W. Park
Faculty Scholarship
Present day interaction between court and arbitrator is reminiscent of the seventeenth century struggle between court and crown, in which King James I claimed that his representatives should have the right to adjudicate disputes according to "natural reason," not according to the "artificial ... judgment of the law." The Lord Chief Justice, Edward Coke, resisted this arrogation of power using words attributed to Bracton: "quod Rex non debet esse sub homine, sed sub Deo et lege." Although under no man, the King was subject to God and the law. The extent to which the modern commercial arbitrator should likewise be …