...Southland v. Keating that section two of the Federal Arbitration Act preempted any state law that limited the enforceability of arbitration agreements. While the Act does require adequate judicial enforcement...
Search Results for : "Arbitration Agreement"
...the arbitration agreement. Often difficult to identify and increasingly difficult to apprehend, the law governing the arbitration agreement (“LGAA”) has caused “extensive confusion” among commentators and practitioners of international arbitration....
Favoring Validity: The Hidden Choice of Law Rule for Arbitration ...
...National Assembly on July 29, 1988, Like arbitration legislation elsewhere, the Bulgarian statute regulates habitability, the arbitration agreement, appointment and challenge of arbitrators, the arbitral tribunal’s jurisdiction, conduct of arbitral...
A New Law on International Commercial Arbitration in Bulgaria* – ...
...arbitration agreement all too often simply leads to a second dispute over the forum for resolving the first. This often obstructive skirmish – on the border between litigation and arbitration...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...interpretation leave it up to those rules, in the absence of pertinent provisions in the arbitration agreement, to provide an answer to the question of whether a class action can...
Class Actions In Arbitration* – Vol. 14 No. 1-2
...law of the seat, the governing substantive law, the law governing the arbitration agreement, the law of the parties’ domicile or place of business, the law of the place of...
Mandatory Rules In International Commercial Arbitration: An English Law Perspective – ...
...This article concerns the effect of the Brussels Recast Regulation (“Regulation”) on the remedies of (i) damages for breach of an arbitration agreement issued by a court and (ii) anti-suit...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
...respective fields of application, the absence of express language in the Panama Convention requiring a court seized of an action subject to an arbitration agreement to refer the parties to...
The Panama Convention and its Implementation Under the Federal Arbitration ...
Author: Gary B. Born and Adam Raviv* Published: May 2017 Jurisdiction: International Topics: Arbitral Process Arbitral Decisions National Institutions and Rules International Institutions and Rules Description: Countless arbitration agreements are...
Arbitration and the Rule of Law: Lessons from Limitations Period ...
...of the New York Convention is to bring about the recognition and enforcement of (1) international arbitration agreements and (2) foreign arbitral awards. The New York Convention is of such...
Some Reflections on the Impact of COVID-19 on International Commercial ...
...agreement exists between the parties. Second, and alternatively, a party may be arguing that the particular dispute does not fall within the scope of the arbitration agreement. The distinction between...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
...repeatedly stressed, it is the arbitration agreement that the legislatures, both federal and state, have told the courts to enforce. And the lawyers therefore turned their attention to the arbitration...