...plays in the interpretation of arbitration agreements is often overlooked. Its surreptitious presence in the case law is seldom mentioned, treated instead as the inconvenient stepchild of the fact that...
Search Results for : "Arbitration Agreement"
...the power to award interest as damages, but even if there is no express authority in an arbitration agreement to do so, it has been submitted that the arbitrators’ authority...
Interest as Damages in International Commercial Arbitration – Vol. 4 ...
Author: Hans Smit** Published: March 2007 Jurisdiction: United States Topics: Agreement to Arbitrate Contents of Arbitration Agreement ICC Description: I. THE ISSUE Whenever a state agency or instrumentality enters into...
When is a Government Bound by a Contract, Including an ...
...a third country chosen by France. By adopting the Arana-Mackau treaty, Argentina agreed to enter into an arbitration agreement with France. This favorable attitude regarding arbitration was subsequently extended when,...
Perspectives of International Arbitration in Latin America – Vol. 17 ...
...Arbitrate Enforceability of Arbitration Agreements Court Decisions Contractual Expansion or Limitation of Judicial Review Judicial Confirmation of Award International Character of Dispute Jurisdiction and Powers of the Courts in Matters...
The Role of Tribunals and Courts in Preserving the Rule ...
...into service as a body of substantive law that binds state courts as well, requiring that arbitration agreements be enforced on the same footing as other contracts. The Act is...
Amending The Federal Arbitration Act – Vol. 13 No. 1-4
...removes immunity for arbitration-related proceedings, enabling Chinese courts to review arbitration agreements and enforce awards arising from commercial or investment treaty disputes. This provision aligns China’s approach with global arbitration...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
Author: Kirsten Weisenberger** Published: July 2007 Jurisdiction: United States Topics: Enforceability of Arbitration Agreements Separability FAA Description: The Supreme Court handed down a modest five-page decision in Buckeye Check Cashing...
From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...
...foreign award, original or a duly certified copy of the arbitration agreement, and any such document substantiates the award in question to be a foreign arbitral award. Additionally, the foreign...
To Do or Not To Do: The Financial Disclosure of ...
...as part of an arbitral award. While parties are free to prescribe the manner of allocating arbitration costs in their arbitration agreement, they seldom do; or they do so in...
Cost Awards in International Commercial Arbitration: Proposed Guidelines for Promoting ...
Author: Bernard R. Hanotiau* Published: August 2012 Description: Whether the scope of an arbitration clause extends not only to signatories of the arbitration agreement or underlying contract, but also to...
The Issue of Non-Signatory States – Vol. 23 No. 3-4
...for the Eleventh Circuit partially invalidated an arbitration agreement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in favor of...