...even after the passage of the Federal Arbitration Act (“FAA”) in 1926, courts tended to approach agreements to arbitrate future disputes with skepticism. Recent decades, however, have seen a surge...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...made mistakes. Even the most avid proponent of arbitration is unlikely to make such a claim. A more likely assumption is that the stakes in arbitration are small enough that...
Betting the Farm on International Arbitration: Is It Time to ...
Author: Brooks W. Daly* Published: December, 2019 Jurisdiction: International Topics: Investment Disputes Description: I. THE PERMANENT COURT OF ARBITRATION AND INVESTOR-STATE DISPUTE SETTLEMENT The Permanent Court of Arbitration (“PCA”) is...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...(ISDS): BETWEEN PRAGMATISM AND UTOPIA III. PANEL 3 – DISPUTES WITH STATES; INTERSTATE ARBITRATION, INTERNATIONAL COURTS, AND INVESTMENT ARBITRATION IV. PANEL 4 – THIRD-PARTY FUNDING; ETHICAL AND REGULATORY ISSUES Download...
Columbia Arbitration Day 2018 – The Way Forward: International Arbitration ...
...arbitration law, as constrained by international treaty. This article takes an economic approach to a question that has troubled international arbitration commentators: when should a court enforce an arbitration award...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
...agreements providing for investor-state arbitration and the criticisms of the practice that have arisen over time. It will then address Ecuador’s experience with investor-state arbitration by examining most of the...
The End of Investor-State Arbitration in Ecuador? An Analysis of ...
...and widely recognised as an authoritative work in its field; is a member of ICCA; has participated in the work of international arbitration institutions through membership of the Arbitration Courts...
Modern Trends in the Presentation of Evidence in International Commercial ...
...1989 domestic “Rules for Non-Administered Arbitration of Business Disputes” (the “CPR Domestic Rules”), and differ in many significant respects from the UNCITRAL Rules as well as from the international arbitration...
The Center for Public Resources Rules for Non-Administered Arbitration of ...
...ARBITRATION There is no mistaking the force and direction of the federal judicial policy on arbitration. For more than forty years, the U.S. Supreme Court has touted the recourse to...
“Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress ...
...mechanism for referring parties back to arbitration have also contributed to Italy’s reputation as a torpedo jurisdiction with respect to arbitration in particular. Download Full PDF *Notes & Comments **J.D.,...
Disarming the Italian Torpedo: The 2006 Italian Arbitration Law Reforms ...
...force and clarity of judicial deference, however, were lessened when courts began minimizing the specialty of labor arbitration and incorporated the so-called common-law grounds into the enforcement regime under the...
The Assault on Judicial Deference – Vol. 23 No. 3-4
...the arbitration agreement. Often difficult to identify and increasingly difficult to apprehend, the law governing the arbitration agreement (“LGAA”) has caused “extensive confusion” among commentators and practitioners of international arbitration....