...Arbitral Tribunal Comprehensive Agreement on Investments Confidentiality Confidentiality and Publication Consolidation of Proceedings Contents of the Arbitration Agreement Contract Interpretation Contractual Expansion or Limitation of Judicial Review Contractual or Consensual...
Search Results for : "Arbitration Agreement"

Authors: Mohd Suboor* and Isra Mukhtar** Jurisdictions: International Hong Kong Singapore United Kingdom Topics: Separability Applicable Law Enforceability of Arbitration Agreements Introduction Interpreting an arbitration agreement, defining its existence, and...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...

...the arbitration agreement, which in this case was Californian law, governs the issue of whether a non-signatory is bound by the arbitration agreement. I. FACTUAL BACKGROUND The first and...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...

...enjoying anti-suit relief, parties will be able to interpret arbitration agreements purely through the UK system. This significantly expands the power of UK courts in London-seated international arbitration agreements. While...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...

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” ...

...1924 had entered the lexicon of every American who read the newspaper. The following year, the FAA addressed arbitration agreements involving interstate and foreign commerce. Its enactment by the United...
The Popular Meaning of “Foreign or International Tribunal” in ...
...underlying contract. In response, the international arbitration community started developing exceptions to the principle of privity by extending the arbitration agreement to third persons. Extending an arbitration agreement to persons...
Law Applicable to the Extension of the Arbitration Agreement to ...

...inoperative or incapable of being performed.” This provision hits directly on the very source of jurisdiction of an arbitral tribunal, i.e., the arbitration agreement. Therefore, if the arbitration agreement is...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction

...that are available to resolve issues.” Thus, the absence of an arbitration agreement and the resulting failure to arrive at a settlement via mediation would necessarily mean that the dispute...
The Way Forward: An Analysis of India’s New Guidelines for ...
...Invalidity Separability Court Decisions Description: Parties resisting commercial arbitration commonly seek intervention from courts on the ground that the relevant arbitration agreement either suffers from a severe defect or is...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...

...if the challenging party successfully proves any of the following grounds: a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...of an arbitration agreement from its underlying contract should be approached in light of these aims. According to a recent decision of Chamber “E” of the National Commercial Court of...