...international commercial arbitration. The IBM-Fujitsu “arbitration” was exceptional in many ways. First, the dimensions of the conflict, both in stakes and complexity, were gigantic. IBM, the world’s largest computer company,...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...courts. The DIFC courts came into existence in 2006 and for the first five years they served as an adjudicatory forum for all commercial disputes within the DIFC. In 2011,...
A Common-Law Court in an Uncommon Environment: The DIFC Judiciary ...
...signing the ICSID Convention itself constitutes a submission to the enforcing courts’ jurisdiction. We contend that signing an arbitration agreement (e.g. referring to ICSID arbitration in a bilateral or multilateral...
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
...repeatedly stressed, it is the arbitration agreement that the legislatures, both federal and state, have told the courts to enforce. And the lawyers therefore turned their attention to the arbitration...
Class Actions and their Waiver in Arbitration – Vol. 15 ...
...Arbitrators Applicable Law Arbitral Process Representation and Legal Assistance Practice and Procedure Sources of Arbitration Law Parties Description: I. NEED FOR A HIERARCHY Ethics are an untamed wild in international...
Order to Plurality: Imposing a Hierarchy for Ethics Rules in ...
...evidence by agreeing to arbitrate a claim. They also recognize that the current arbitration practice on the taking of evidence in international arbitration can be unfavorable to Anglo-American parties where...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
...international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
...the “Act”). Enacted in 1925 to reserve the common law’s hostility towards arbitration, the Act has since served as the federal centerpiece for the enforcement of arbitration agreements and awards....
Reflections on the U.S. Statutory Framework for International Commercial Arbitration: ...
Author: Lawrence F. Ebb* Published: October 1990 Description: A question that seems to be recurring with increasing frequency is what constitutes a “foreign” arbitral award and a “foreign” arbitration agreement...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...of Commerce and Industry of Geneva (the “CCIG”) adopted revised rules of arbitration (the “Rules”). Simultaneously, the CCIG appointed an arbitration committee of five persons to carry out its increased...
An Introduction to the Revised Arbitration Rules of the Chamber ...
...courts have, on the whole, received little assistance from creative scholarship. This is especially true of the unilateral arbitration clause. Although the legal status and consequences of this clause have...
The Unilateral Arbitration Clause: A Comparative Analysis – Vol. 20 ...
...the decision of the WIPO General Assembly, which was taken at the end of September last year, to establish the WIPO Arbitration Center and the date on which the Center...