...the validity of arbitrator jurisdiction. In U.S. law, the controlling statute, because of its antiquated character, fails to recognize the separability and kompetenz-kompetenz doctrines.4 These legal doctrines are vital to...
Search Results for : Separability
...Stewart McClendon The Scope of the Separability of the Arbitration Agreement under Argentine Law Horacio A. Grigera Naon The German-German Merger: Changes in Arbitration Law and Practice Otto Sandrock Developments...
Volume 1: Issue 2 (June 1990)
...apply the doctrine of separability and held that the managing director might be ineligible to serve as an arbitrator, but that is distinct from his responsibility to nominate an arbitrator.[14]...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...consequences. At the stage of initiation of claims, courts and other tribunals consider the basic principle of party autonomy and the doctrine of separability. It is possible that the main...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...the second half of the twentieth century. The treatment of arbitration clauses by national courts; the related but distinct topics of separability and arbitrability; and the appointment and removal of...
Modern Trends in the Presentation of Evidence in International Commercial ...
...An Outline of Recent Changes in Soviet Domestic and International Arbitration Vratislav Pechota Sojuznefteexport v. JOC Oil Ltd.: A Recent Development in Theory of the Separability of the Arbitration Clause...
Volume 1: Issue 1 (March 1990)
Articles Everything You Really Need To Know About “Separability” In Seventeen Simple Propositions Alan Scott Rau The Tensions Between Confidentiality And Transparency In International Arbitration Cindy G. Buys The New...
Volume 14: Issue 1–2 (January 2004)
Authors: Aldo Berlinguer* and Maria Veronica Saladino** Published: February 2022 Jurisdictions: International Italy United States Topics: Agreement to Arbitrate Separability Defects and Invalidity Amendments and Rectification ABSTRACT Should a dispute...
Relativity of Contracts and Severability of the Arbitration Clause in ...
...Separability Description: Bribery in the international marketplace continues to be a serious obstacle to efficient and fair international trade. Recent findings indicate that bribery not only continues to thrive but...
Arbitration and Contracts involving Corrupt Practices: The Arbitrator’s Dilemma – ...
...Top Court Rejects Modern Arbitration Louise Barrington Notes & Comments Spanish Perspectives on the Doctrines of Kompetenz-Kompetenz and Separability: A Comparative Analysis of Spain’s 1988 Arbitration Act Christian Herrera Petrus...
Volume 11: Issue 3 (June 2000)
...1985 Model Law, the BAA has adopted key arbitration principles such as competence-competence and the separability of the arbitration agreement. The BAA takes a broad approach to arbitrability, establishing, for...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
Articles ADR In England And Wales Dr. Loukas A. Mistelis Nothing Comes Of Nothing…Or Does It??? A Critical Re-Examination of the Doctrine of Separability in American Arbitration Law Tanya J....