...extent to which courts and arbitral tribunals may order consolidation of related arbitrations under federal and state laws in the United States without the consent of all parties involved. Based...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...has discussed: First, whether courts in the country where an international arbitration award was rendered should have the power to vacate the award; and second, whether judicial review of international...
Remarks on Amending the FAA – Vol. 13 No. 1-4
...Justice Stewart, in rejecting a plea that U.S. securities law gave exclusive jurisdiction to U.S. courts, wrote for a divided court that, in an international dispute, U.S. courts could not...
Mandatory Law In Arbitration – Vol. 18 No. 1-2
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....
Arbitrability Trouble – Vol. 23 No. 3-4
...this issue, we should mention the following works: Terris et al. look at various courts and especially those with opaque procedures regarding the appointment of international judges; Posner and Yoo...
Arbitrating Trade Disputes (Who’s the Boss?) – Vol. 23 No. ...
Author: Homayoon Arfazadeh* Published: December 2003 Jurisdiction: International Topics: Public Policy Favoring Arbitration Description: I. THE “UNRULY” ALLIANCE “Public policy” has always been a source of concern for international lawyers....
In The Shadow of the Unruly Horse: International Arbitration and ...
...of the de-nationalization of the arbitral proceedings, have been, and still are, discussed intensively in international arbitration. In the meantime, they seem to have been already widely accepted in French...
To Continue Nationalizing or to De-Nationalize? That Is Now the ...
...of mandatory rules before national courts is fundamentally different from their application in arbitration in that, save for the rare situation where two foreign mandatory rules are potentially applicable before...
How Do Mandatory Rules Of Law Function In International Civil ...
Articles “Legal Traditions” and International Commercial Arbitration Leon E. Trakman A New World of Discovery: The Ramifications of Two Recent Federal Courts’ Decisions Granting Judicial Assistance to Arbitral Tribunals Pursuant...
Volume 17: Issue 1 (October 2007)
...after the victory. Indeed, Yukos Oil Company has secured a huge award in investment arbitration against Russia, but the taste of its triumph is bittersweet. Nothing is over until the...
Prospects of Enforcing the Yukos Award in Russia – Vol. ...
...dealer. No such mechanisms are readily available, however, when the parties evade the jurisdiction of the courts by submitting their disputes to arbitration. The difficulties that might then arise are...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...it contradicts modern rules of arbitration, which ensure that a valid award may be rendered even if one arbitrator refuses to cooperate. A party agreeing to international arbitration legitimately expects...