...validity of the arbitration agreement, Law 5016/2023 acknowledges the principle of in favorem validitatis in relation to the arbitration agreement by establishing a conflict of laws rule which is expected...
Search Results for : %22Existence and Validity of Agreement to Arbitrate%22
...the arbitration agreement. Often difficult to identify and increasingly difficult to apprehend, the law governing the arbitration agreement (“LGAA”) has caused “extensive confusion” among commentators and practitioners of international arbitration....
Favoring Validity: The Hidden Choice of Law Rule for Arbitration ...
Author: Deeksha Malik* Jurisdiction: India International Topics: Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate In 2009, the Supreme Court of India, in the case of MR Engineers...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...this article embodies the principle of presumptive validity, it also allows a court to invalidate an arbitration agreement on the basis of any internationally recognized contractual defence. Even though unconscionability...
Unilateral Arbitrator Appointments in the US – A tussle between ...
Author: Horacio A. Grigera Naón* Published: June 1990 Jurisdiction: Argentina Topics: Commercial Disputes Applicable Law Agreement to Arbitrate Separability Description: Arbitration laws and regulations should enhance the essential advantages of...
The Scope of the Separability of the Arbitration Agreement under ...
...courts guidance on questions of arbitrability where the agreement in question is facially neutral about party intent, i.e. the parties’ arbitration agreement is unable to be said with certainty as...
What did the 2018-2019 Supreme Court Term mean for the ...
Author: Duygu Kiyak* Published: March 2019 Jurisdiction: International Topics: Agreement to Arbitrate Parties Third Parties in Arbitral Proceedings Enforceability of Arbitration Agreements International and Transnational Law Contractual or Consensual Basis...
Law Applicable to the Extension of the Arbitration Agreement to ...
...UNDERLYING CONTRACT AND ARBITRATION AGREEMENT The law governing the underlying contract and that governing the arbitration agreement are two sets of distinctive laws. With regards to the law governing the...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
Author: Bijan Sohrabi** Published: January 1996 Topics: Maritime (Admiralty) International Institutions and Rules Description: In 1936, Congress enacted the Carriage of Goods by Sea Act (COGSA) to create uniformity in...
Jurisdiction At Bay? The Validity of Foreign Arbitration Clauses in ...
Author: Maud Piers* Published: June 2012 Description: I. INTRODUCTION 1. Research setting. The European Union (“EU”) is traditionally expected to refrain from directly interfering with general national procedural law. It...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...the CISG to the agreement to arbitrate in the literature on commercial arbitration. Download Full PDF *Professor in Civil and International Law, Department of Law, School of Business and Social...
The Interaction and Distinction Between the Sales and Arbitration Regimes ...
...[3] Murthy, Divya, The Future of Compulsory Licensing: Deciphering the Doha Declaration on the TRIPs Agreement and Public Health, 17 Am. U. Int’l L. Rev.1299, 1304 (2002). [4] Agreement on...