...confidentiality engages both public interest as well as private interests of the parties, the Court iterated that the parties’ contractual arbitration agreements shall constitute the fulcrum for rendering a decision...
Search Results for : "Arbitration Agreement"
Author: Myron N. R. Phua* Published: December 2017 Jurisdictions: United States International Topics: Interpretation of the Award Arbitral Process Existence and Validity of Agreement to Arbitrate Contents of Arbitration Agreement...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...and more preferred mechanism when compared to litigation. Klaus Sachs, a well-known German arbitration specialist, wrote that “nowadays, arbitration agreements in international and national M&A transactions are rather the rule...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
Author: Lawrence F. Ebb* Published: October 1990 Description: A question that seems to be recurring with increasing frequency is what constitutes a “foreign” arbitral award and a “foreign” arbitration agreement...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...of an arbitration agreement), and ii) where an anti-suit injunction suit is filed for restraining a party from instituting or continuing legal proceedings in breach of an arbitration agreement. Although...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
Author: Ashish Virmani[1] Jurisdictions: United States International Topics: Evidence Arbitration Agreement Domestic Proceedings in Arbitration Interim Measures of Protection Executive Summary Much of the debate before the courts in...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...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 ...
...the scope of the submission to arbitration, d) composition of the arbitral authority or the arbitral procedure was not in accordance with the arbitration agreement or the law of the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...arbitration agreement all too often simply leads to a second dispute over the forum for resolving the first. This often obstructive skirmish – on the border between litigation and arbitration...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...general arbitration laws to arbitration agreements contained in corporate charters and to the related arbitral proceedings. As a consequence, these countries leave the peculiar aspects of this subject – such...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...This article concerns the effect of the Brussels Recast Regulation (“Regulation”) on the remedies of (i) damages for breach of an arbitration agreement issued by a court and (ii) anti-suit...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
...right to choose an arbitrator” will not invalidate an valid arbitration agreement. Waiver as a defense, with regard to the preconditions, can be asserted in two ways. First, through reduction...