...the application for appointment of an arbitrator on the ground that the Appellant failed to prove the existence of an arbitration agreement. The Supreme Court, in an appeal filed before...
Search Results for : "Arbitration Agreement"
Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
...arbitral proceeding. Thus, the parties to a class arbitration must be bound by an arbitration agreement, i.e. an agreement between each member of the plaintiff class and the defendant to...
Class Arbitration – When a Silent Arbitration Clause May Still ...
Author: Maud Piers* Published: June 2012 Description: I. INTRODUCTION 1. Research setting. The European Union (“EU”) is traditionally expected to refrain from directly interfering with general national procedural law. It...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...for the enforcement of foreign arbitral awards.[8] In addition, acts taken to uphold an arbitral award rendered in accordance with an arbitration agreement in which the foreign state is a...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
The Muddy Waters of Anti-Arbitration Injunctions in India
Author: Irene M. Ten Cate** Published: May 2005 Jurisdiction: United States Topics: Parties Multiple Parties Practice and Procedure Consolidation of Proceedings Description: I. INTRODUCTION Arbitration is typically characterized as a...
Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements ...
...Reciprocal and Commercial Reservations, in Enforcement of Arbitration Agreements and International Arbitral Awards – The New York Convention in Practice 161, 178 (Gaillard & Pietroeds eds., 2008). [5] Board of...
Is the New York Convention Applicable for the Enforcement of ...
...of Appeals for the First Circuit invalidated an arbitration agreement on the ground that it was unconscionable.[1] Specifically, the Court held that the unilateral arbitrator appointment clause was unconscionable because...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...regime since, for an arbitration agreement to be valid, it must contain “a designated arbitration commission[]” which excludes ad hoc tribunals (Article 16 of the Law). Recognition of the “Seat”...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...105, 106 (Maxi Scherer et al eds., 2020). [16] UNCITRAL Model Law, supra note 12, art. 19; see generally, Gary B. Born, Chapter 2: Legal Framework for international Arbitration Agreements,...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...not just at the time of entering into the arbitration agreement. The court, however, rejected this argument by referring to its earlier judgment in S.P. Singla Constructions Pvt. Ltd. v....