...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...
Search Results for : "Arbitration Agreement"
...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 ...
...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...
Why So Serious? – The Avitel Case – India, Serious ...
...providing for UNCITRAL proceedings in investment treaties preclude the jurisdiction of the CJEU, those in commercial arbitration agreements should produce the same effect, as they may need to examine EU...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...the ECJ found that EU law precludes Member States from concluding an ad hoc arbitration agreement with an investor from another EU Member State.[30] Still, solace might be found. The...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...remote hearing, whether an arbitral tribunal has the authority to order so. Parties’ arbitration agreement incorporating institutional rules which further grant arbitrator(s) power to determine the arbitral procedure, poses an...
Is it appropriate to conduct a remote hearing under the ...
...out for the Streamlined Procedure under the SIAC Rules 2025 will take precedence over the arbitration agreement, including an agreement to appoint more than one arbitrator.[9] Timeline for appointment: Parties...