...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...
Search Results for : "Arbitration Agreement"
...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
...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?
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:...
Federal Question Jurisdiction to Enforce Arbitration Agreements* – Vol. 7 ...
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...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...including any objection to the initial or continuing existence, validity, effectiveness or scope of the Arbitration Agreement. […] 23.4 The Arbitral Tribunal may decide the objection to its jurisdiction or...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...can be validly submitted to arbitration. Subjective arbitrability refers to the capacity and competence of parties to enter into an arbitration agreement that is valid and binding. In situations where...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...given the opportunity to select their arbitrators. This freedom to select arbitrators is an important consideration for parties in deciding to include an arbitration agreement in their contract. Parties may...