...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...
Search Results for : "Arbitration Agreement"
...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
...Invalidity Separability Court Decisions Description: Parties resisting commercial arbitration commonly seek intervention from courts on the ground that the relevant arbitration agreement either suffers from a severe defect or is...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...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 ...
...of an arbitration agreement from its underlying contract should be approached in light of these aims. According to a recent decision of Chamber “E” of the National Commercial Court of...
The Scope of the Separability of the Arbitration Agreement under ...
...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....
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...applicable arbitral law), the arbitration agreement, and also the “Seat” of the arbitration. By designating Lex arbitri, the parties also embrace the possibility of annulment of the award by the...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...This decision is consistent with a broader trend in Russian jurisprudence, where courts have increasingly issued orders to halt arbitration proceedings involving sanctioned parties, especially when the arbitration agreement stipulates...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...court must decline to hear a dispute over the validity of an arbitration agreement unless “the arbitration agreement is manifestly void or manifestly not applicable.” Similarly, India’s Supreme Court has...
Bitter Tiers: BG Group and the Future of Multi-Tiered International Arbitration ...
...Rules, 2020 allows for such coordination if two or more arbitrations, are (a) subject to the LCIA Rules; (b) commenced under the same arbitration agreement/compatible arbitration agreement(s); (c) between the...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...an arbitration agreement for purposes of adopting the Guidelines in specific disputes, provided that the parties and the tribunal all agree. Regardless, the Guidelines would not and could not supersede...