...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...
Search Results for : "Arbitration Agreement"
...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 ...
...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 ...
...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?
...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: ...
...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 ...
Author: Ashish Virmani[1] Jurisdictions: United States International Topics: Evidence Arbitration Agreement Domestic Proceedings in Arbitration Interim Measures of Protection Executive Summary Much of the debate before the courts in...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...the scope of the submission to arbitration, d) composition of the arbitral authority or the arbitral procedure was not in accordance with the arbitration agreement or the law of the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...an arbitration agreement,” and concluded that disputes about the scope of such an arbitration agreement are not jurisdictional questions. Spain’s argument—that there were no valid arbitration clauses between EU nationals...
How Achmea Works Out in the United States: The Enforcement ...
...general arbitration laws to arbitration agreements contained in corporate charters and to the related arbitral proceedings. As a consequence, these countries leave the peculiar aspects of this subject – such...