...Jane P. Mallor, Unconscionability in Contracts between Merchants, 40 Sw. L.J. 1065, 1065 (1986). [18] M Neil Browne & Lauren Biksacky, Unconscionability and the Contingent Assumptions of Contract Theory, Mich....
Search Results for : Neil Kaplan
...three of its customers, Manuel Kaplan, his wife, and their wholly owned investment company (MKI). The trades involved had been effectuated under a “workout” agreement embodied in four documents. MKI...
The Arbitration Clause: Who Determines its Validity and its Personal ...
...Inc., 139 S. Ct. 524 (2019). [2] See, First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944-945, (1995). [3] Archer & White Sales, Inc. v. Henry Schein, Inc.,...
What did the 2018-2019 Supreme Court Term mean for the ...
...questions, however—and the most continually challenging—have arisen out of the Court’s 1995 opinion in First Options v. Kaplan. The focus of the discussion here is the power of private individuals—let’s...
The Arbitrability Question Itself – Vol. 10 No. 3
...(3d Cir. 2000). [22] First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995); Howsam v. Dean Witter Reynolds, 537 U.S. 79, 83 (2002). [23] Simon Greenberg et...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...if anything, may have been added to the picture by the Supreme Court’s opinion in First Options v. Kaplan. And the Supreme Court has this very Term decided three more...
Everything You Really Need To Know About “Separability” In Seventeen ...
Articles Research In International Commercial Arbitration: Special Skills, Special Sources S.I. Strong The Rules Governing Who Decides Jurisdictional Issues: First Options v. Kaplan Revisited Steven H. Reisberg An Introduction to...