...article examines this question under Spanish law. I. THE LEGAL FRAMEWORK The Spanish Arbitration Act is based upon the UNCITRAL Model Law on International Commercial Arbitration. The Spanish Arbitration Act...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...attack on arbitration specifically or on ADR more generally, though I do believe that the cautionary yellow light should be flashing. Download Full PDF *Martin Lipton Professor of Law, New...
International Arbitration: Comments From a Critic – Vol. 13 No. ...
...of arbitration. By exacting comprehensive allegiance to the basic canons of the federal law on arbitration, the Supreme Court quelled the fear expressed in Robert Lawrence about the chaos that...
Shattering the Barrier of Inarbitrability – Vol. 22 No. 4
...growing thousands communicate online, en masse, on a daily basis, sharing perspectives on diverse issues of arbitration law and practice. These latter platforms avail every selfstyled arbitrator or arbitration practitioner...
Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial ...
Author: George Gluck* Published: December 2012 Description: Courts, commentators and arbitration organizations have observed that the hallmark of arbitration is that it is “a speedy, efficient, and less expensive alternative...
Great Expectations: Meeting the Challenge of a New Arbitration Paradigm ...
...Arbitration Act, enacted to implement American accession to the Convention, have largely cleared the path. For an award rendered in an international arbitration conducted in the United States, however, serious...
The Case for a Coherent Application of Chapter 2 of ...
...a contract containing an arbitration clause, the question naturally arises whether the state is also bound by the contract and the arbitration clause. Careful drafters address these issues at the...
When is a Government Bound by a Contract, Including an ...
...case than they would have in proceedings before national courts. This flexibility is an important reason why parties opt for arbitration. However, arbitration may pose unforeseen problems in situations involving...
Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements ...
...as “adoptive arbitration.” Adoptive arbitration would augment the enforceability of an MSA as an arbitration award in the transnational order, while still maintaining the essential characteristics of mediation, notably its...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
Author: Alexis Mourre* Published: December 2008 Topics: Investment Disputes Arbitral Adjudication Description: Latin America has always had an ambivalent relationship with arbitration. Following a history of distrust, arbitration has been...
Perspectives of International Arbitration in Latin America – Vol. 17 ...
...January 1, 1989. International arbitration is henceforth exclusively governed by the provisions of the Act, whereas domestic arbitration remains governed by cantonal law in the form of a uniform arbitration...
International Arbitration in Switzerland: First Experiences with the New Act* ...
...arbitration in African states and is a welcome addition to a series of books focusing on regional arbitration. The book is divided into five distinct parts. In Part 1, Asouzu...