Author: George A. Bermann* Published: August 2012 Description: The general notion of arbitrability is practically as old as arbitration itself, and yet it remains profoundly misunderstood, at least in U.S....
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...a party has consented to arbitration despite its lack of signature on the relevant arbitration agreement and its consent to arbitrate not otherwise recorded in a manner which is capable...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
Authors: Nicolette Butler* and Shavana Haythornwaite** Published: November 2017 Jurisdictions: United States International Topics: Investment Disputes UNCITRAL Model Law Description: I. Investment Arbitration and the Issue of Human Rights: A...
Systemizing Human Rights Within Investment Arbitration – Vol. 28 No. ...
...OF LAW Nicolette Butler and Jasem Tarawneh REDEFINING JURISDICTION IN THE EU: NATIONAL COURTS AND THE ACHMEA JUDGEMENT’S IMPACT ON INVESTMENT ARBITRATION Julien Chaisse THE ROAD AHEAD FOR THE ENFORCEABILITY...
Volume 35: Issue 2 (February 2025)
...across Europe. Their disputes would be resolved in special local courts where fellow merchants would take the role of judge and jury. These “Merchant Courts” used established custom, created out...
Confidentiality in a Forum of Last Resort: Is the Use ...
...arbitration which, in recent times, has occasioned a great deal of discussion, both in the courts and the literature. Download Full PDF *Stanley H. Fuld Professor of Law, Columbia University....
Breach of Confidentiality as a Ground for Avoidance of the ...
Articles The New York Convention in American Courts Alan Scott Rau Bankruptcy Courts and Arbitration: A Question of Competence Joseph D. Becker Assessing Dispute Resolution Procedures Michael Pryles The German...
Volume 7: Issue 3–4 (December 1996)
...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...opinion should still permit U.S. courts to order consolidation of arbitrations based upon the parties’ “implied consent” to joinder. Download Full PDF *J.D., University of California, Los Angeles, 1984. Member...
Consolidation of International Arbitrations in the United States in the ...
...and arbitral subpoenas in international arbitration in the U.S. (Section VI). Download Full PDF *The authors practice arbitration at White & Case LLP (N.Y.). The authors thank Sara Lulo, our...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
Author: Suyash Paliwal* Published: December 2012 Description: I. INTRODUCTION As recently as July 2012, a U.S. federal court reiterated that Chapters One and Two of the Federal Arbitration Act (“FAA”)...
The More Favorable Regime Within the “Overlapping Coverage” of FAA ...
...it should be allowed only by a competent authority of the place of arbitration. And I further concluded that the effect of annulment should be limited to the state in...