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Search Results for : Agreement Arbitrate
...the arbitration agreement. In the case at hand, the Californian law, which is the law governing the arbitration agreement, perceives a settlement agreement containing an arbitration clause as a burden...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...the single debt agreement was not superseded by any subsequent agreement—express or implied—stipulated in the arbitration agreement on the governing law (thereby clarifying the parties’ intention pertaining to which law...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...Circular could not be incorporated into the Contract. The Policy Circular was considered only “an agreement to enter into an arbitration agreement in the future,” and not an arbitration agreement...
To Incorporate or Not? Arbitration Clauses in Indian Government and ...
...agreement. Thus, English law was applicable to the arbitration agreement and was used to determine whether KFG had become a party to the arbitration agreement. On the other hand, the...
What Should Be the Applicable Law to Arbitration Agreements?
...of an arbitration agreement), and ii) where an anti-suit injunction suit is filed for restraining a party from instituting or continuing legal proceedings in breach of an arbitration agreement. Although...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...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 ...
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” ...
...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 – ...
...of disputes through arbitration, the source of authority for arbitral tribunals lies within the arbitration agreement or in an arbitration clause in an agreement between the parties.[20] Therefore, a valid...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...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 ...
...entities. According to the BAA, an arbitration agreement must be in writing. The agreement can be a covenant of the contract or inserted in another document that references the contract...