...arbitrator challenges in arbitrations and advocate a hands-off approach towards arbitrator conduct in general. However, the resistance of federal courts does not completely preclude arbitrators from oversight. Institutional rules, state...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...to collect and study the available data regarding diversity amidst the Brazilian arbitration scenario, which, by itself, has revealed to be a great task. Arbitration in Brazil expands steadily; procedures...
Diversity in Arbitration in Brazil: An Overview of the National ...
...of Arbitral Awards Description: I. ARBITRATION UNDER SEVERE CRITICISM International arbitration is subject to criticism by users on several grounds: • First, not infrequently the parties are not given a...
Third Generation Arbitration By The European Court Of Arbitration* – ...
...past, courts had taken different positions on the question. Some courts had ruled class actions not permissible in arbitration, while other courts had ruled class actions permissible and directed the...
Class Actions In Arbitration* – Vol. 14 No. 1-2
...Federal Arbitration Act (“FAA”) with nationwide subpoena power. It is submitted that it is possible that such power may exist, at least where an arbitration clause or the governing arbitration...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
...more specifically, the judicial role in arbitration. Was arbitration a protean form of dispute resolution that allowed the parties to define even the role of the courts in the arbitration...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
...finality and consistency that is inherent in international investment arbitration. And fourth, it can help to safeguard the credibility of international arbitration as a practice by signaling to nations and...
Empirics-Based Umbrella Clause Interpretation
...The author will proceed to investigate how Saudi Arabia’s arbitration experience with foreign economic powers in recent modern history has rendered Saudi Arabia as an unappealing destination to arbitrate and...
An Analysis of the Influence of Islamic Law on Saudi ...
...always an easy task because, on the one hand, the use of arbitration is now a governmentally encouraged form of dispute resolution but, on the other hand, arbitration’s relative informality...
A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct ...
...of arbitration law. In particular, the ICC postulated the idea of a supranational law of arbitration which would free arbitral awards entirely from control by national laws. Under t his...
1958 Report of the U.S. Delegation to the United Nations ...
...came into existence due to some deficiency in contract formation, American courts have generally refused to apply the doctrine, reasoning that a valid arbitration provision cannot be severed from a...
Nothing Comes Of Nothing…Or Does It??? A Critical Re-Examination of ...
...documentary evidence is often a key part. As international arbitration is an alternative to national courts, it follows that the practices of thosenational courts do not have to be followed...