...(ii) ensuring a level playing field in the arbitration clauses and safeguarding individuals or specific right holders, and (iii) balancing the burden of proof on the parties.[19] However, the focus...
Search Results for : "Arbitration Clauses"
...is pending. Second, the issue of the interplay between arbitration clauses and shareholders’ goals increases when third-party interests are considered. Some ESG standards acknowledge that shareholders should have deference to...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...resulted in several affected parties invoking arbitration clauses. Given this background, this post aims to explore how sanctions have incapacitated the arbitration apparatus by impacting the initiation of arbitral claims...
Arbitration or Sanctions: Who Survives the Battlefield?
...a means of avoiding arbitration clauses. In India, there is a general consensus that arbitration clauses should be avoided to enforce mandatory laws, such as competition laws, which aim to...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...would be faster than before domestic courts. [6] The validity of arbitration clauses included in the company’s bylaws and its binding effect on shareholders that purchased securities on B3 have...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...rules regarding third-party notices in their arbitration rules or model arbitration clauses. Only the 2021 Swiss Rules of International Arbitration, in Article 6(4), include a rather vague opener for third-party...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...a many of the complaints raised regarding arbitral proceedings could be solved by arbitration users themselves, given that arbitration is consensual. Mr. Kaplan noted that arbitration clauses were rarely drafted...
2021 New York Arbitration Week
Author: Bijan Sohrabi** Published: January 1996 Topics: Maritime (Admiralty) International Institutions and Rules Description: In 1936, Congress enacted the Carriage of Goods by Sea Act (COGSA) to create uniformity in...
Jurisdiction At Bay? The Validity of Foreign Arbitration Clauses in ...
...most outstanding reason concerns the nature of athletes’ consent to arbitration on various occasions. As Rigozzi and Robert-Tissot observe, by stipulating arbitration clauses in their regulations, sports governing bodies compel...
Proposals to Amend the Code of the Court of Arbitration ...
...unconscionable provisions permeated the agreement and thoroughly tainted the central purpose of requiring the arbitration of employment disputes.[18] Second, “arbitration clauses that force a party to an adhesion contract to...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...in its supply chains, businesses may insert “human rights commitments and arbitration clauses into its contracts” and therefore increase supply chain responsibility.[10] Another powerful tool which businesses may provide to...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...unquestionably, arbitrators in commercial arbitration neither interpret nor apply EU law in such a way by which it could displace Articles 267 and 344 of the TFEU. If arbitration clauses...