...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...
Search Results for : "Arbitration Agreement"
...arbitration agreements specifying who is to be appointed as arbitrator and whether may be regarded as discriminatory (hereinafter referred to as “Discriminatory AAs“). According to ICCP, Article 815(1) no 1,...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...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
...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...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...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 ...
...can bind principals to arbitration agreements signed by authorized agents. The alter ego or veil-piercing doctrine allows arbitration agreements to bind parent companies where corporate separateness has been abused. Third-party...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
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 ...
...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 ...
...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...