...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...
Search Results for : "Arbitration Agreement"
...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...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...arbitration agreement would become unenforceable, invalid, or non-existent if the applicable stamp duty on the substantive contract—of which the arbitration agreement is a part—had not been paid.[1] On the one...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...is the procedure set out in the arbitration agreement. This had a domino effect[2] and led to the cases like Proddatur Cable TV DIGI Services v. SITI Cable Network Limited,[3]...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...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 ...
...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...
Unpacking the New Greek Law on International Commercial Arbitration
...arbitration agreement can be customized more specifically for the envisaged disputes and the parties’ needs or preferences. So, at least in theory, customized arbitration agreements have potential, particularly for Tech...
Tech Disputes – A view from above: How to deal ...
Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...the power to adjudicate the matter at all. Jurisdictional challenges typically relate to the existence, validity, or scope of the arbitration agreement itself. Admissibility, by contrast, presupposes jurisdiction but questions...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...is Iran and international arbitration is when at least, one of the parties is non-Iranian at the time of concluding the arbitration agreement and the seat is Iran. [3] See...
Reasoned Arbitral Awards: An Iranian Perspective
...valid arbitration agreement between the parties and the court is of the view that no agreement exists between the parties. (ii) If the arbitration agreement is null and void, inoperative...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
Authors: Georg Scherpf*, Antonios Politis**, and Benedikt Kaneko*** Jurisdictions: Germany International Topics: Arbitral Process Dispute Resolution and Litigation Third Parties in Arbitration Multiple Parties Enforceability of Arbitration Agreements Introduction For...