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...
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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...
Class Actions in International Arbitration: Applicable Rules and Law – ...
Author: Hans Smit* Published: December 2010 Jurisdiction: United States Topics: Standard and Model Arbitration Clauses Class Action Description: I. INTRODUCTION Mass marketers have shown an understandable affinity for arbitration clauses...
AT&T Mobility v. Concepcion: Can Class Actions Be Brought In Arbitration? ...
...to at least conscientiously attempt to apply the parties’ choice of law. Yet, recent statements in dicta by the United States Supreme Court and the continuing disagreement in the academic...
Clearing the Air on “Manifest Disregard” and Choice of Law ...
...United States Supreme Court – a period in which a closely divided Court decided a series of important cases implicating key issues of law and policy. Legal historians and observers...
The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of ...
...provide “overlapping coverage” over non-domestic arbitral awards rendered in the United States, to the extent the two chapters do not conflict. Some courts interpreting this “overlapping coverage” have taken it...
The More Favorable Regime Within the “Overlapping Coverage” of FAA ...
...litigation – including expensive discovery, motion practice and tactical delaying stratagems – as practiced especially in the United States. One commentator has observed that “[b]y the beginning of the twenty-first...
Great Expectations: Meeting the Challenge of a New Arbitration Paradigm ...
...operated as Flight 708 by West Caribbean Airways, a Colombian airline, under a charter arranged by a tour promoter in the United States. Like most aviation accidents, the disaster seems...
A Walk in the Park with Hans Smit – Vol. ...
...arbitration law. For many – particularly outside the United States – arbitrability has a single and very precise meaning, signifying the legal capacity of a claim or dispute to be...