Author: Joseph D. Becker** Published: January 1996 Jurisdiction: United States Topics: Agreement to Arbitrate Enforceability of Arbitration Agreements Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...
Search Results for : "Arbitration Agreement"
...thus may survive a successful challenge to the validity of the contract. The doctrine of competence-competence provides that arbitrators have jurisdiction to decide challenges to the arbitration agreements upon which...
Separability and Competence – Competence In International Arbitration: Ex Nihilo Nihil ...
Author: Hans Smit* Published: October 2010 Jurisdiction: United States Topics: Commercial Disputes Contents of Arbitration Agreement Description: I. INTRODUCTION Now that civil litigation cannot even pretend to serve its professed...
The Unilateral Arbitration Clause: A Comparative Analysis – Vol. 20 ...
...the “Act”). Enacted in 1925 to reserve the common law’s hostility towards arbitration, the Act has since served as the federal centerpiece for the enforcement of arbitration agreements and awards....
Reflections on the U.S. Statutory Framework for International Commercial Arbitration: ...
...arbitration agreement is a frequently recurring issue in international arbitration. Ubiquity notwithstanding, there is an oft-overlooked question in this area: What law determines whether a non-signatory is bound by an...
To Bind or Not to Bind? Challenging Assumptions About Non-Signatory ...
...on the ground that the Government – a non-signatory to the underlying arbitration agreement signed by one of its instrumentalities – was never bound by that agreement and therefore not...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
...had signed the only workout document containing an arbitration clause; but the Kaplans had not. The arbitrators found all three defendants bound by the arbitration agreement and also found against...
The Arbitration Clause: Who Determines its Validity and its Personal ...
Author: Michael J. Donaldson* Published: December 2017 Jurisdiction: United States Topics: Effects Interpretation of the Award Contents of the Arbitration Agreement Operation and Effects Enforcement of Arbitral Awards Description: International...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...West by creating their own brand of mandatory arbitration which effectively eliminated the arbitration agreement and supplanted it with governmental fiat. Download Full PDF *Assistant Director, Parker School; Lecturer in...
The Future of the Law Governing the International Arbitral Process: ...
...EU Member States are Party to the 1920 Treaty of Paris, the EU is not. The EU has no general arbitration agreement with Norway. Now, instead, the EU Commission may...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...awards. The Ninth Circuit proclaimed that parties may implicate state law in arbitration agreements to circumvent the limited judicial review of arbitral awards available under the FAA. This will frustrate...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...Who would ever agree to that? • Your firm drafted the arbitration agreement. Why didn’t they warn me that the institution permitted this? Had I been warned, do you think...