Enforcement Of Arbitration Agreements Research Articles

Jurisdiction, Recognition, and Enforcement of Court Judgments and Arbitral Awards: Analyses and Recommendations to Improve Armenian and Russian Legislation

AbstractThe present article examines problems of personal jurisdiction and of the recognition and enforcement of court judgments and arbitration awards in the Republic of Armenia and in the Russian Federation. The author reviews the relevant international best practices, especially on the European Union level, and the relevant provisions of Armenian and Russian legislation on personal jurisdiction and the enforcement of judgments.Problems of international jurisdiction and enforcement are becoming more apparent due to globalization trends and the increasing involvement in cross-country trade of the two countries that are the focus of this work. Therefore, issues dealing with personal jurisdiction need to be carefully reviewed.A similar review of the applicable international conventions on the recognition and enforcement of arbitration agreements and arbitral awards is made with proper to Armenian and Russian legislation. Being based on the UNCITRAL Model Arbitration Law, Russian legislation poses fewer problems for practitioners than does Armenian legislation. Again, economic developments will force—in this case mostly—Armenia to address problems of the type that are identified in this work with respect to arbitration awards.

Court Decisions on Enforcement of Arbitration Agreements and Awards

Court Decisions on Enforcement of Arbitration Agreements and Awards

The Australian International Arbitration Act, the Fiction of Severability and Claims for Restitution

THE CONCEPT of arbitration as a method of dispute resolution is not a recent phenomenon. In 350 BC Plato observed: > In the first place there shall be elected judges in the courts who shall be chosen by the plaintiff and defendant in common; they shall be arbiters rather than judges.1 The agreement of the parties, while elementary, is also fundamental: > An arbitrator on a reference by consent out of court derives his authority from the terms of the private contract made between the parties.2 The arbitrator will determine the issues put before him or her by the parties' private contract, and will make a decision after hearing the parties to that contract. Generally, the arbitrator will be required to act in a judicial manner.3 Toward the close of the 1950s, the United Nations recognised that arbitration was more malleable to the complexities of international trade than local, ordinary, court proceedings. On 7 June 1959 the Economic and Social Committee of the United Nations concluded and ratified a convention for the legal recognition and enforcement of arbitration agreements and awards (‘the New York Convention’). The New York Convention gave effect to the recognition and enforcement of arbitration agreements and awards. However, despite international recognition of the usefulness of arbitration to resolve disputes,4 Australia has traditionally been reluctant to embrace arbitration.5 For example, it was not until 1974 that Australia ratified the New York Convention when the Commonwealth Parliament exercised its constitutional powers to enact the Arbitration (Foreign Awards and Agreements) Act.6 Part I of that Act dealt with preliminary matters. Part II gives effect to the New York Convention. In 1989 Part III was introduced into the Act giving effect to the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Arbitration.7 …

The recognition and enforcement of arbitration agreements and awards in the Middle East

THERE has for a long time been a general uncertainty as to the laws and attitudes of Middle Eastern countries1 to arbitration as a mechanism for resolving disputes arising out of international commercial arrangements. This has been expressed by the oft-profferred advice to be wary of submitting to arbitration disputes with parties from the Middle East. This situation is due in large part to ignorance in the West about Islam, which is a major influence on the laws of most all the Arab countries, ambiguity in the policies as expressed by the Governments in the region, and misunderstanding of Middle Eastern thinking. Arbitration has always been the most practical method for resolving disputes involving Middle Eastern parties. Although the law in many Middle Eastern countries has given rise to uncertainty and insecurity with respect to the effectiveness of the arbitration agreement and award, the Governments and Government entities of the Arab countries have regularly agreed to an arbitration provision in contracts with Western parties, and disputes arising out of such contracts have been submitted to arbitration and in most cases the awards made have been voluntarily accepted. In particular, in the 1950's and 1960's there were a series of arbitrations concerning the effect and extent of oil concession agreements granted by the Middle Eastern Governments over their territory.2 In recent years there have been an increasing number of arbitrations involving State3 and private entities from the Middle East and arising out of agency and distribution arrangements, turn-key projects and construction contracts.4 In most of these cases the awards have been accepted and given effect to, although there have been cases where enforcement has been sought. The misconceptions about arbitration involving parties from the Middle East has resulted from two principal facts. First, the absence in many …

Enforcement of Arbitration Agreements and Jurisdiction of Arbitral Tribunals in Latin America

Enforcement of Arbitration Agreements and Jurisdiction of Arbitral Tribunals in Latin America

Note on Golodetz v. Serajuddin and Co. (Enforceability of arbitration agreement under Indian law)

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Enforceability of Arbitration Agreement between Indian Firm and Foreign Collaborator

Enforceability of Arbitration Agreement between Indian Firm and Foreign Collaborator

Enforceability of Arbitration Agreements under Taft-Hartley Section 301

Enforceability of Arbitration Agreements under Taft-Hartley Section 301

Arbitration. Where Sole Ground of Federal Jurisdiction Is Diversity of Citizenship, Defendant Held Not Bound by Applicable State Law Relating to Enforcement of Arbitration Agreement but Entitled to Stay under Federal Arbitration Act

Arbitration. Where Sole Ground of Federal Jurisdiction Is Diversity of Citizenship, Defendant Held Not Bound by Applicable State Law Relating to Enforcement of Arbitration Agreement but Entitled to Stay under Federal Arbitration Act

Arbitration: Enforceability of Arbitration Agreement in Action by Investor under the Securities Act of 1933

Arbitration: Enforceability of Arbitration Agreement in Action by Investor under the Securities Act of 1933

Enforceability of Arbitration Agreements in Fraud Actions under the Securities Act

Enforceability of Arbitration Agreements in Fraud Actions under the Securities Act

Arbitration. Enforcement of Arbitration Agreements Where Cancellation or Frustration of the Contract Is Alleged

Arbitration. Enforcement of Arbitration Agreements Where Cancellation or Frustration of the Contract Is Alleged