Authors: Yash More* and Ved Thakur** Jurisdiction: India Topics: Arbitral Process Interim Measures of Protection Arbitrability Choice of Forum/Place of Proceedings On 12th August 2020, the Calcutta High Court in...
Search Results for : "Arbitrability"
...Stuart M. Boyarsky The Arbitrability of Disputes Arising From Intra-EU BITs Giovanni Zarra Standard and Burden of Proof in International Commercial Arbitration: Is There a Bright Line Rule? Abhinav Bhushan...
Volume 25: Issue 3–4 (April 2015)
...role in shaping consumer arbitration legislation and its implementation in member states. The ECJ did not merely impose limits on the subjective arbitrability of consumer law disputes. It took the...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
Introduction Elizabeth H. Cooper Arbitration Fundamentals Arbitrability Trouble George A. Bermann The Issue of Non-Signatory States Bernard Hanotiau The Arbitral Seat: Important Features and the Relevance of Law Loukas Mistelis...
Volume 23: Issue 3–4 (August 2012)
...adjudication over traditional litigation. As far as the arbitrability of the disputes is concerned, courts in most cases applaud and approve the use of these alternative mechanisms, using several tests...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...of notions of judicial review, “arbitrability,” “separability,” compétence/compétence, and the preemption of state law – all of our hard-earned lore and learning is there. Undoubtedly for the moment the greatest...
Arbitral Power and the Limits of Contract: The New Trilogy ...
...Richard Hill, “anomalies can arise when different jurisdictions have different laws concerning arbitrability and it is not immediately obvious which jurisdiction’s laws should prevail.” Difficulties may arise when the courts...
Polish Arbitration Law Analyzed and Applied to the Procedural Scenarios ...
Articles The Arbitrability Question Itself Alan Scott Rau The Santa Elena Case: Two Steps Forward, Three Steps Back Kenneth I. Juster Final Offer Arbitration: A Model for Dispute Resolution in...
Volume 10: Issue 3 (September 1999)
Author: Michael F. Hoellering* Published: December 1994 Topics: Selection by Arbitral Institution Commercial Disputes Arbitrability Choice of Forum/Place of Proceedings Operation and Effects WIPO AAA Description: Within the last 35...
The Institution’s Role in Managing the Arbitration Process – Vol. ...
Author: Hans Smit* Published: March 1990 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Capacity and Qualifications of Arbitrators Categories of Disputes Arbitrability Applicable Law Lex Mercatoria Arbitral Awards Interest...
Elements of International Arbitration in the United States – Vol. ...
Author: Samarth Khanna* Jurisdictions: India Topics: ICSID New York Convention Arbitrability Enforcement of Awards Domestic Proceedings in Investment Arbitration Abstract Usually, investment arbitration awards are passed, recognized and enforced...
Is the New York Convention Applicable for the Enforcement of ...
...arbitration tribunal to assess the same (such as considerations recently laid down in the determination of the arbitrability of fraud).[81] Whether such prayer or considerations put before the court are...