Sentences with phrase «arguable challenge»

In the absence of any such power in the New York Convention, it was impermissible to use an English procedural rule to impose a condition which would have the effect of fettering a defendant's right to raise a properly arguable challenge to recognition or enforcement.

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

Not exact matches

Lauwers J.A. delved into each of the appeal grounds in some detail, and ultimately granted the motion, noting that the appeal did not raise any arguable error in law but rather only challenged findings of fact and credibility that were «sound on their face».