...arbitrability question to an arbitrator, a court may not override the contract. In those circumstances, a court possesses no power to decide the arbitrability issue. That is true even if...
Search Results for : "Arbitrability"
...the approach adopted by U.S. courts in dealing with the question of arbitrability. INTRODUCTION The issue of arbitrability is decided differently in various jurisdictions. In the United States, the...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...given to any particular statutory claim. The narrowness of this definition of arbitrability has important consequences. In the first place, under this definition, the arbitrability or non-arbitrability of a claim...
Arbitrability Trouble – Vol. 23 No. 3-4
...such as insolvency disputes, are considered non-arbitrable or have contentious arbitrability. It is this contentious arbitrability of insolvency disputes that this article seeks to examine. In doing so, the article...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
Author: Shane Spelliscy** Published: January 2002 Topics: Categories of Disputes Arbitrability BITs Description: Is there anything left that is sacred? That is, is there anything left which is considered to...
Burning The Idols Of Non-Arbitrability: Arbitrating Administrative Law Disputes With Foreign ...
Author: Shalaka Patil* Jurisdiction: India Topics: Arbitrability The Supreme Court in its recent decision in Avitel Post Studioz Ltd. And Ors. v. HSBC Pl Holdings Mauritius Ltd.[1] put to rest...
Why So Serious? – The Avitel Case – India, Serious ...
...these expansions, as it will be further explained below, the validity and/or effectiveness of such treaties – and subsequently the arbitrability of the disputes regulated by intra-EU BITs – have...
The Arbitrability of Disputes Arising From Intra-EU BITs – Vol. ...
Author: Alan Scott Rau* Published: September 1999 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Powers of Arbitrators Arbitrators and Arbitral Tribunals Responsibility of Arbitrators Arbitrability Description: “It is...
The Arbitrability Question Itself – Vol. 10 No. 3
...of the conflict cannot be settled through arbitration. Moreover, arbitrability can also be divided into objective arbitrability (ratione materiae) and subjective arbitrability (ratione personae). Objective arbitrability refers to cases that...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...address how we can concomitantly and effectively uphold public policy objectives in the arbitrability of these disputes. The non-arbitrability of competition law disputes is not the sole means of protecting...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
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...