...to arbitrate for procedural reasons or for substantive reasons. Of course, these categories of reasons are not mutually exclusive. Parties may agree to arbitrate for both procedural and substantive reasons,... Why Arbitrate? Substantive Versus Procedural Theories of Private Judging – ...July 21, 2020 by Claire Sheridan
AAA Ad Hoc ADR Advocacy Agreement to Arbitrate Anti-Suit Injunctions Appeal to Arbitral Tribunal and Annulment Applicable Conflict-of-Laws System Applicable Law Apportioning of Costs Arbitrability Arbitral Adjudication Arbitral Awards Arbitral... Search by TopicMay 10, 2021 by clairesheridan
...arbitration instruments reveals an emergence of customary international law recognizing oral agreements to arbitrate. This analysis assists in evaluating international legislative options to recognize and enforce oral agreements to arbitrate... Reviewing Trends and Proposals to Recognize Oral Agreements to Arbitrate ...July 25, 2020 by Claire Sheridan
...agreed to arbitrate or whether a particular controversy or dispute is covered by an arbitration agreement. On the other hand, jurisdictions outside the United States look at this issue from... TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...June 8, 2021 in Blog / TagTime by ARIA
...the CISG to the agreement to arbitrate in the literature on commercial arbitration. Download Full PDF *Professor in Civil and International Law, Department of Law, School of Business and Social... The Interaction and Distinction Between the Sales and Arbitration Regimes ...July 14, 2020 by Claire Sheridan
Author: Peter Ashford* Published: December 2013 Description: The last few years have seen the seemingly modest point of the governing law of agreements to arbitrate, exercise the English courts. In... The Law of the Arbitration Agreement: The English Courts Decide? ...July 17, 2020 by Claire Sheridan
Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts... Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...August 11, 2020 in Blog by Claire Sheridan
...this argument and the consensual character of arbitration, nor with the principle that, in general, the host state’s standing offer to arbitrate may be withdrawn until the consent is perfected... Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?September 22, 2020 in Blog by clairesheridan
...held that a dispute that is not arbitrable under the governing law of the arbitration agreement cannot be arbitrated in Singapore. In essence, it ruled that a matter must be... Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...May 12, 2023 in Blog by Yue-Zhen Li
...that price. The contracts contemplate the completion of the arbitration in 60 days but limit the issues which can be arbitrated on (what later came to be called) the fast-track... Fast Track Arbitration: A Respondent’s Perspective – Vol. 2 No. ...July 30, 2020 by Claire Sheridan
Author: Alan Scott Rau* Published: January 2004 Jurisdiction: United States Topics: Agreement to Arbitrate Separability Description: We have a document that purports to be a contract, and that purports to... Everything You Really Need To Know About “Separability” In Seventeen ...July 27, 2020 by Claire Sheridan
Author: Deeksha Malik* Jurisdiction: India International Topics: Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate In 2009, the Supreme Court of India, in the case of MR Engineers... A Cautious Acceptance of Incorporation of Arbitration Clause by General ...April 13, 2018 in Blog by ARIA