...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...
Search Results for : "Arbitration Agreement"
...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...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...Dr. Bédard presented a comparative analysis of various jurisdictions, with specific focus on the United States. She also talked about the form and content of an arbitration agreement along with...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...Supreme Court in K.K. Modi v. K.N. Modi articulated the essential elements of an arbitration agreement—binding intention, arbitrability, enforceability, and impartial adjudication. Yet, despite this modern statute, judicial inconsistency persisted....
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...shareholders may be resolved by arbitration.[3] Article 136-A, in turn, was included in 2015 to confirm that the inclusion of an arbitration agreement in the corporate bylaws binds all shareholders,...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...According to the Group of Companies doctrine, a non-signatory to an arbitration agreement can be subjected to arbitration without its prior consent if all the parties to such arbitration had...
Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...
...to be addressed. The ‘positive effect’ of compétence-compétence merely restates that the authority to decide whether the referred dispute can be arbitrated, in accordance with the arbitration agreement, lies with...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...on arbitrability. Furthermore, Schein seems to limit the ability of circuit courts to adopt consistent and judicially administrable rules to determine beyond a case-by-case basis whether a particular arbitration agreement...
What did the 2018-2019 Supreme Court Term mean for the ...
...underlying contract. In response, the international arbitration community started developing exceptions to the principle of privity by extending the arbitration agreement to third persons. Extending an arbitration agreement to persons...
Law Applicable to the Extension of the Arbitration Agreement to ...
...autonomy concerns raised in the AQZ v. ARA case, a discussion of which is outside the scope of this abbreviated post.[13] Thus, a clause in the arbitration agreement specifying the...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under...