Differences between New York & Geneva Convention — Arbitration and Conciliation Act, 1996
Introduction
In the past, statutory provisions on arbitration were contained in three different enactments, namely, The Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration Act laid down the framework within which domestic arbitration was conducted in India, while the other two Acts dealt with foreign awards. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidated and amended the law relating to domestic arbitration, international commercial arbitration and enforcement of
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48.Conditions for enforcement of foreign awards.- (1) Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that----
(a) the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(b) the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(c) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration.
Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be enforced; or
(d) the composition of the arbitral
1. The first issue is whether the trial court erred in denying Greer's motion for summary judgment on the grounds that Mr. Austin's will contest was barred by T.C.A. § 32-4-108 (Supp. 1991).
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
20) With regard to consideration in a sales contract, the UCC differs from the common law in that
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
b. What did the Court decide with respect to the Applicants’ arguments on partners having to account to the firm and MDLA 415? In your answer, explain how the Court applied the relevant law cited the relevant facts and law cited in the judgment (include, for example, what rules applied).
in which this decision is made. In some jurisdictions, the cases may be decided upon
Whether the trial court erred in denying Ndeumeni’s motion for summary judgment for Kemogne’s claim of promissory fraud where the statute of frauds was not satisfied.
Plaintiff filed this motion for summary judgment on November 17, 2014. The Court heard oral argument on December 15, 2014, and took the matter under submission. For the reasons discussed below, the Court grants the motion.
Faced with this evidence, the trial court denied Westlake’s Motion to Compel Arbitration. The court noted that while Westlake’s Spanish version of the contract contained an arbitration provision; Ramos’
Accordingly, no claim has been stated and this Court should dismiss the complaint or enter summary judgment in favor of the
The primary proposition in this regard is that the Arbitrator’s award is final in fact and law . Court’s interference is only in exceptional cases . The Courts have always been careful in
Procedural arbitrability issues concern whether the parties have complied with the terms of an arbitration provision, and are presumptively handled by arbitrators. These issues include whether prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate have been met, as well as allegations of waiver, delay, or a like defense to
The courts ruled that the plaintiff had not right to use such coercive methods when competing for business and the liability was clear in this circumstance. The defendant was awarded $1250.00 by the plaintiff for compensatory damages and $4000.00 was awarded by the association for exemplary damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled that the amount awarded was not excessive and denied the appeal from the plaintiff. No dissenting opinion was made.
WHEREAS, a dispute currently exists between the Parties as to liability, if any, and the amount of recovery, if any, to which the Plaintiffs are entitled in the Suit;
The first Uniform Arbitration Act was adopted in 1925, which provided only for the irrevocability of agreements to arbitrate existing disputes. The Federal Arbitration Act was enacted by Congress in 1925 changing the common law. The Act stated that written agreements to arbitrate existing or future disputes were valid, irrevocable, and enforceable. As arbitration became more widely accepted, statutes and acts were continuously passed enforcing agreements to arbitrate. In 1955, the second Uniform Arbitration Act was passed. In addition to enforcing existing agreements to arbitrate, this Act made agreements to arbitrate future disputes irrevocable.