...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...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...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 ...
...International Court of Arbitration in the case of Andersen Consulting against Arthur Andersen and Andersen Worldwide, rendered his final award. It was generally known that this matter was being adjudicated...
The Andersen Arbitration – Vol. 10 No. 4
...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...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
...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 ...
...and ultimate failure to exclude arbitration in matters involving Hungarian national assets, demonstrating the difficulties a country faces if it attempts to defy the prevailing pattern of dispute settlement in...
The Lesson of a Short-Lived Mutiny: The Rise and Fall ...
Author: Julian Ranetunge** Published: September 2019 Jurisdiction: International Topics: Court Decisions Anti-Suit Injunctions Judicial Assistance in Procedural Matters Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
...the primary means of correspondence exchange from the commencement until the termination of an arbitration, thereby enabling arbitration practitioners to send and receive numerous documents at the push of a...
Some Reflections on the Impact of COVID-19 on International Commercial ...
...Turks and Caicos Islands arising from a construction arbitration under American Arbitration Association (“AAA”) rules, the Judicial Committee of the Privy Council (the “Board”) addressed three key applications of the...
Party Autonomy and Implied Choice in International Commercial Arbitration* – ...
...International Trade Law (UNCITRAL or the Commission) to strengthen and improve the international framework for commercial arbitration. It joins UNCITRAL’s other efforts — for example, the widely-used Arbitration Rules produced...
Developments in Adoption of the 1985 UNCITRAL Model Law on ...
...include a session devoted to the quantum issues that arise in arbitrations. For example, the Fordham International Arbitration Conference on Key Issues in International Commercial and Treaty Arbitration held in...
Discounted Cash Flow: A Guide for the International Arbitration Practitioner ...
...and argues that the Court’s holding was right because it promotes the pro-arbitration thrust of the FAA by ensuring the uniform enforcement of arbitration agreements. In the final section, this...