...and domestic arbitration may be ad hoc or institutional. In an ad hoc arbitration, the parties establish in their arbitration agreement the structure of the proceedings. In order to prevent...
Search Results for : "Arbitration Agreement"
...breach of the arbitration agreement. Anti-suit injunctions may support either international arbitration or court litigation depending on whether they address a breach of an arbitration agreement or of a choice-of-court...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
...both domestically and internationally. Most often when discussing the role of law in arbitration, commentators have focused their attention on the jurisdictional aspect of arbitration where arbitration agreements, procedures and...
The Arbitrator’s Mission and the Application of Law in International ...
Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
Authors: Paul D. Friedland and Robert N. Hornick* Published: July 1995 Jurisdiction: United States Topics: Agreement to Arbitrate Enforceability of Agreements to Arbitrate Description: In 1970 the United States acceded...
The Relevance of International Standards for U.S. Courts In the ...
...the governing law of the arbitration agreement is that it will determine questions as to formation (including special considerations concerning questions of disputed incorporation), validity (and conversely illegality or invalidity),...
The Law of the Arbitration Agreement: The English Courts Decide? ...
...arbitration agreement may violate public policy; (2) the conduct of the arbitration may violate public policy; (3) the law the arbitrators apply may violate public policy; and (4) enforcement of...
Comments on Public Policy in International Arbitration – Vol. 13 ...
...and a discussion of the advantages and disadvantages of arbitration abroad. Other chapters cover conflict of laws issues and the validity of arbitration agreements; the choice of arbitrators; procedural issues...
Jerome Cohen, Neil Kaplan & Peter Malanczuk, Advisory Eds., Daniel ...
...Arbitral Awards Procedure for Enforcement Description: The decision whether to include or exclude entities that did not sign the arbitration agreement as respondents in a new international arbitration can be...
Deciphering De Gusa: The Enforcement in U.S. Courts of International ...
...arbitration is a vital one. Unless courts are willing to enforce arbitration agreements, there may be no arbitral proceedings to which national courts may lend assistance and no arbitral awards...
The Role of National Courts at the Threshold of Arbitration* ...
...arbitration. The common thrust of these statutes is that they require enforcement of arbitration agreements that are in writing. The written agreement need not be signed by the party to...
Elements of International Arbitration in the United States – Vol. ...
...tolerance of States and requires their support and collaboration to function. If arbitration is to operate meaningfully, state courts must be prepared to enforce arbitration agreements and to stay actions...