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...
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Author: Hans Smit* Published: December 2005 Jurisdiction: United States Topics: Waivers Dispute Resolution and Litigation Class Action Description: I. INTRODUCTION Arbitration is rapidly becoming the fashion of the day. It...
Class Actions and their Waiver in Arbitration – Vol. 15 ...
Author: Hans Smit** Published: March 2007 Jurisdiction: United States Topics: Agreement to Arbitrate Contents of Arbitration Agreement ICC Description: I. THE ISSUE Whenever a state agency or instrumentality enters into...
When is a Government Bound by a Contract, Including an ...
Author: Thomas E. Carbonneau* Published: March 2007 Jurisdiction: United States Topics: Responsibility of Arbitrators Recourse Against Award Generally Description: I. INTRODUCTION The consensus among like-minded national legal systems regarding standards...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
Author: J.P. Duffy** Published: October 2007 Jurisdiction: United States Topics: Sources of Arbitration Law Inter-American Convention on International Commercial Arbitration New York Convention Description: In B.L. Harbert International LLC v....
Opposing Confirmation of International Arbitration Awards: Is it Worth the ...
Authors: David W. Rivkin and Eric P. Tuchmann** Published: December 2008 Jurisdiction: United States Topics: Enforcement of Arbitral Awards Enforceability FAA Description: In the Supreme Court’s recent decisions regarding the...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
Author: Mark Beckett** Published: December 2008 Jurisdictions: United States Topics: Public Policy Favoring Arbitration Enforcement of Arbitral Awards Enforceability Description: Arbitration practitioners and users appeared to be divided on the...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
Author: Thomas E. Carbonneau* Published: January 2009 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Awards Description: I. INTRODUCTION: THE U.S. SUPREME COURT AND...
“Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress ...
Author: Edna Sussman* Published: February 2009 Jurisdiction: United States Description: “Don’t throw the baby out with the bathwater” –Thomas Murner, Die Narrenbeschwörung (1512) Various proposed bills to amend the Federal...
The Arbitration Fairness Act: Unintended Consequences Threaten U.S. Business – ...
...doctrine to arbitration. I. DEVELOPMENT OF THE DOCTRINE In Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., the United States Supreme Court held that competing railroads had not violated...
A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct ...
...“commitments” to foreign investors with doctrines that have been developed in the United States’ domestic law relating to the nature and scope of enforceable “commitments” and the government’s ability to...
Investor-State Contracts, Host-State “Commitments” and the Myth of Stability in ...
Author: Hans Smit* Published: August 2009 Jurisdiction: United States Topics: Class Action Applicable Law Description: On November 4, 2008, the Second Circuit, in Stolt-Nielsen SA v. AnimalFeeds International Corp., reversed...