...unconscionable provisions permeated the agreement and thoroughly tainted the central purpose of requiring the arbitration of employment disputes.[18] Second, “arbitration clauses that force a party to an adhesion contract to...
Search Results for : "Arbitration Clauses"
...in its supply chains, businesses may insert “human rights commitments and arbitration clauses into its contracts” and therefore increase supply chain responsibility.[10] Another powerful tool which businesses may provide to...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...unquestionably, arbitrators in commercial arbitration neither interpret nor apply EU law in such a way by which it could displace Articles 267 and 344 of the TFEU. If arbitration clauses...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...is the source of arbitration, businesses may prefer arbitration to avoid lengthy litigation and reputation damages.[4] Requiring suppliers to include arbitration clauses also gives businesses a tool for investigating human...
The Evolving Role of Human Rights in International Arbitration
...happen with respect to the selection of arbitrators. Arbitration clauses are often drafted in a broad manner, stating, for example, that the tribunal will be composed of three arbitrators without...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...documents. Speaking generally, national courts of different jurisdictions have given effect to both general and specific references to arbitration clauses. In case of the former, however, courts have adopted a...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...arbitration draws arbitration clauses into the sphere of the long-standing legal doctrine of the principle of relativity of contracts. Under this principle, arbitration clauses bind only the parties who agreed...
Relativity of Contracts and Severability of the Arbitration Clause in ...
...within a group who have individual agreements with arbitration clauses and others that may not. Will a broad standard of this nature put the parties with an arbitration agreement at...
Why So Serious? – The Avitel Case – India, Serious ...
Author: Adewale A. Olawoyin* Published: December 2007 Jurisdiction: Nigeria Topics: Categories of Disputes Commercial Disputes Description: I. SETTING THE SCENE The world economic order has recently witnessed an unparalleled explosion...
Safeguarding Arbitral Integrity In Nigeria: Potential Conflict Between Legislative Policies ...
...the “wholly groundless” jurisprudence is regrettable. Rather than keep the language in Agere saying that plausibility is the test which smokes out arbitration clauses that could never meet the clear...
What did the 2018-2019 Supreme Court Term mean for the ...
...arbitration clauses are included in the investment contracts. Companies unfamiliar with foreign arbitral institutions and limited multilingual resources will prefer KCAB as their arbitral institution. This assurance can induce smaller...
KCAB: The Rise of a New Arbitration Hub in East ...
...[26] See generally Binnaz Topaloğlu, The Validity of Jurisdiction and Arbitration Clauses as Against Third Party Holders of Bills of Lading – a Comparative Study Under French, English and Eu...