...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...
Search Results for : "Arbitration Agreement"
...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...
Mandatory Rules and International Arbitration – Vol. 23 No. 1
...arbitration clauses. The proposed Act provides that no predispute arbitration agreements shall be valid or enforceable with respect to consumer, employment or franchise disputes. It further provides that pre-dispute arbitration...
The Arbitration Fairness Act: Unintended Consequences Threaten U.S. Business – ...
...of Arbitrators Composition of Arbitral Tribunal Commercial Disputes Enforceability of Arbitration Agreements Separability Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Interim Measures of Protection Description: The traditional reluctance...
The UNCITRAL Model Law and the 1988 Spanish Arbitration Act: ...
...to be a conflict between the FAA’s statutory language and Congress’s intent that private arbitration agreements be enforced according to their terms. However, in holding that judicial review under the...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
...of the book. The first Part deals with “Definitions and Sources.” Part II, on the arbitration agreement, also covers the important topic of the autonomy of the arbitration agreement and...
Emmanuel Gaillard & John Savage, Eds., Fouchard Gaillard Goldman On International ...
...courts to decide whether the parties had intended the arbitral tribunal to conduct class actions. That decision created problems of its own, because arbitration agreements typically do not address this...
Class Actions in International Arbitration: Applicable Rules and Law – ...
...arbitration ideology, confidentiality, and interim measures as well as the more nuanced topics of multi-state arbitration practice, the relationship between the explicit text of arbitration agreements and… Download Full PDF...
Thomas E. Carbonneau, The Law And Practice Of Arbitration* – ...
Authors: Grant Hanessian & E. Alexandra Dosman* Published: October 2016 Description: Until relatively recently, parties to international arbitration agreements had no recourse to arbitration to preserve the status quo, conserve...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...with the assignment of a loan agreement constituted a fundamental breach, and warranted avoidance, of the arbitration agreement. The Svea Court of Appeal, in dealing with the arguments advanced for...
Breach of Confidentiality as a Ground for Avoidance of the ...
...the arbitration agreement. This article seeks to guide claimants and tribunals through the different stages of the arbitration process, while balancing these conflicting interests. Download Full PDF *Claudia T. Salomon...
Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants ...
...arising in commerce between states. Section 2 of the FAA provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in...