...a “liberal federal policy favoring arbitration agreements.”[16] This policy requires the courts to adhere to a “broad principle of enforceability” concerning the terms of arbitration agreements, including confidentiality provisions.[17] In...
Search Results for : "Arbitration Agreement"
...have continued to show a preference for international commercial arbitration in resolving their cross-border disputes. It is estimated that over 90% of all international commercial contracts contain arbitration agreements on...
A Case for Diversity in the Seat of Arbitration
...breach of the arbitration agreement. Anti-suit injunctions may support either international arbitration or court litigation depending on whether they address a breach of an arbitration agreement or of a choice-of-court...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
Author: Danilo Ruggero Di Bella* Jurisdictions: International Topics: Investor-State Arbitration Procedural Rules An arbitration agreement to submit a dispute to the ICSID need satisfy no requirement other than recording in...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...the governing law of the arbitration agreement is that it will determine questions as to formation (including special considerations concerning questions of disputed incorporation), validity (and conversely illegality or invalidity),...
The Law of the Arbitration Agreement: The English Courts Decide? ...
...parties may rely on the judiciary for various purposes (e.g., interim relief applications, enforcement of arbitration agreements, set aside proceedings and recognition of foreign arbitration awards). This blog post will...
Provisional Measures in Aid of Arbitration in Brazil
...the arbitration agreement. A comment arose asking whether the evidentiary standard should be “truth” or “preponderance of the evidence.” Ms. Mouawad added the query of whether witnesses must be independent...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...confidentiality engages both public interest as well as private interests of the parties, the Court iterated that the parties’ contractual arbitration agreements shall constitute the fulcrum for rendering a decision...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
Author: Myron N. R. Phua* Published: December 2017 Jurisdictions: United States International Topics: Interpretation of the Award Arbitral Process Existence and Validity of Agreement to Arbitrate Contents of Arbitration Agreement...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...and more preferred mechanism when compared to litigation. Klaus Sachs, a well-known German arbitration specialist, wrote that “nowadays, arbitration agreements in international and national M&A transactions are rather the rule...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
Author: Lawrence F. Ebb* Published: October 1990 Description: A question that seems to be recurring with increasing frequency is what constitutes a “foreign” arbitral award and a “foreign” arbitration agreement...