...arbitration draws arbitration clauses into the sphere of the long-standing legal doctrine of the principle of relativity of contracts. Under this principle, arbitration clauses bind only the parties who agreed...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...Lex Domicilli, Lex loci contractus, etc. Arbitration has gradually been elevated from an “alternate means” of dispute resolution to the “preferred means.” Arbitration offers several benefits over traditional litigation, particularly...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
Author: Emmanuel Gaillard* Published: March 2019 Jurisdiction: International Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Authority of the Arbitral Tribunal Right to Decide on Jurisdiction...
Coordination or Chaos: Do the Principles of Comity, Lis Pendens ...
...focus on the practical, legal and political challenges which arbitration faces at this time. The question is whether the calls for transparency are necessary or helpful for international arbitration today...
Keynote Address: Transparency in International Arbitration: Practical Value or Voyeurism? ...
...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 ...
...Assistance in Procedural Matters New York Convention Applicable Law Description: “Split” or “hybrid” arbitration clauses enable one or more of the parties to an agreement to elect to address disputes...
Split Arbitration Clauses: An International Overview – Vol. 30 No. ...
Author: Tietie Zhang* Published: November 2017 Jurisdictions: China United States Topics: Public Policy Favoring Arbitration Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Judicial Decisions Description: I....
Judicial Sovereignty and Public Policy under Chinese Arbitration Law – ...
...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 ...
...fast-track arbitration provisions of the contracts, the U.S. purchaser brought an arbitration seeking to rewrite the contract or to declare the contract frustrated. Thus, although our client had only agreed...
Fast Track Arbitration: A Respondent’s Perspective – Vol. 2 No. ...
...hoc arbitration, is becoming the predominant method of arbitration on which parties depend for resolution of their disputes. This article analyzes the features and developmental trends of institutional arbitration in...
A Comparative Analysis of Arbitral Institutions and Their Achievements in ...
...throughout the globalization era. Naturally, international arbitration cases involving Korean parties have increased steadily. The Korea Commercial Arbitration Board (KCAB), as the only arbitral institution in South Korea, has been...
KCAB: The Rise of a New Arbitration Hub in East ...
...as Distinct from Domestic Arbitration It is appropriate to state briefly at the outset the objectives and conditions of international commercial arbitration, particularly those that do not coincide with domestic...