...(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...
...as self-executing. Download Full PDF *Former U.S. head of delegation to UNCITRAL’s Working Group II. Although the author proposed and negotiated the Singapore Convention on behalf of the United States,...
...by the U.S. law at 11% (with New York being most popular, selected in half of the cases) (104 cases), Switzerland at around 7% (66 cases), France at around 6%...
Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases...
...doctrine which appears to separate African territories. The implementation of this concept into contracts differs in civil and common law traditions. TRADE LINKS WITH CHINA Today, the legacy of Europeans...
Author: Jack Graves* Published: August 2012 Description: I. INTRODUCTION Once upon a time, arbitration was seen as a means of avoiding courts in resolving parties’ contract disputes. Today, however, an...
...of the proceedings. Such attacks may involve questioning the independence and impartiality of arbitrators, allegations of unequal treatment of the parties and violation of due process. Arbitrators may have to...
Authors: Tony Cole*, Pietro Ortolani** and Barbara Warwas*** Published: October 2015 Description: I. INTRODUCTION Arbitration has achieved a central place in dispute resolution around the globe, whether as a mechanism...
Author: Marcus S. Jacobs* Published: June 1991 Jurisdiction: Australia Topics: Contractual Expansion or Limitation of Judicial Review Description: Australia is a federal state comprised of six states and two territories,...
...its sovereign immunity would constitute a violation of Ukraine’s obligations under terrorism prevention treaties.[2] Following this judgment, companies and individuals filed claims against Russia in Ukrainian courts. Ukrainian courts have...
...paid to diversity and inclusion in arbitration, women and women of color only make up a quarter or less of arbitration panels. Fortunately, Columbia Law School has a strong female...
...articles dealing with LACs are characterized both by an absence of direct sources of knowledge as well as skepticism regarding the potential independence, competence and fairness of LACs. This article...