Can arbitrators be called to give testimony on the arbitral procedure before the court in charge of annulment or enforcement actions? Courts in England and Norway had to tackle this issue and have given a similar answer to this question: arbitrators can be asked to give testimony as to the elements of facts of the [...] read more »
Archive for the 'Enforcement' Category
European Parliament Committee Expresses Views on Arbitration and Court Jurisdiction
The discussion on the position of arbitration in the Brussels Jurisdiction and Enforcement Regulation (Regulation 44/ 2001) has now reached the Committee on Legal Affairs of the European Parliament.
Just to remind those less familiar with the issue: the present Regulation, as well as the preceding Jurisdiction Convention, allowed courts in EU countries [...] read more »
Should an Enforcing Court Re-open a Tribunal’s Decision on a Question of Public Policy?
When discussing public policy, English lawyers like to quote the famous comment of an English judge in the early 19th century that “public policy is a very unruly horse, and once you get astride it you never know where it will carry you”.
Recent history shows how difficult it is to ride the ‘unruly horse’; [...] read more »
Enforceability of Foreign Arbitral Award in the Greece: An Enlightening Supreme Court Decision
An interesting issue regarding the enforceability of foreign arbitral awards, in relation to the provisions of the New York Convention of 1958 and its alleged conflict with domestic Greek Civil Code provisions in relation to conflict of laws and public policy doctrines arose in Greek jurisdiction. The matter is of specific interest as the dispute [...] read more »
Some Findings of the Russian Constitutional Court on International Arbitration
Under the Russian legal system, the last resort a party has with respect to challanging a court decision is to apply to the Constitutional Court of the Russian Federation with a claim to review the decision’s compliance with the Russian Constitution in terms of the provisions of laws and/or regulations applied by lower courts. There [...] read more »
Some additional comments on the (now amended) Heidelberg Report: A reply to Professor Hess
I am grateful to Professor Hess for his comments on my 3 March 2010 blog. It greatly contributes to advancing the debate. However, it also perfectly illustrates the difficulties of a proposition – the total or partial deletion of the arbitration exception in Regulation 44/2001 – that has not been sufficiently thought through.
1. Professor Hess [...] read more »
Recent Comments