...in its primitive phase is older than any judicial system) is to provide an alternative to litigation within a national court system. Modern international ADR, more specifically in its arbitration...
Search Results for : %Court Decisions"
...its central thesis: the degree of insulation some propose for arbitrators and arbitral tribunals can generate a republican paradox – the Federal Supreme Court, exposed to criticism and publicity, would...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...rejected by traditionalists, and even branded by some as a “dangerous heresy,” over time the concept has drawn considerable support from commentators. In practice, though there were few judicial decisions...
Delocalization of International Commercial Arbitration: Its Relevance in the New ...
...will increase before commercial courts worldwide. Parties may agree to employ commercial arbitration to extract these subjects from the public eye.[1] It is not unlikely for shareholders to add arbitration...
The Perils of Intra-Corporate Arbitration for ESG Disputes
Author: George A. Bermann** Published: December 2017 Jurisdiction: United States Topics: Court Decisions Enforceability Grounds for Refusal of Enforcement Jurisdiction and Powers of the Courts in Matters of Arbitration Generally...
The Role of National Courts at the Threshold of Arbitration* ...
Author: Joseph D. Becker** Published: January 1996 Jurisdiction: United States Topics: Agreement to Arbitrate Enforceability of Arbitration Agreements Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...
Federal Question Jurisdiction to Enforce Arbitration Agreements* – Vol. 7 ...
...York Does A “Silent” Arbitration Clause Preclude A Class Action? The Supreme Court’s View Hans Smit AT&T Mobility v. Concepcion: Can Class Actions Be Brought In Arbitration? Hans Smit A...
Volume 20: Issue 4 (December 2010)
...Participation of Foreign Arbitrators Under New Arbitration Law Alejandro M. Garro Arbitral & Judicial Decisions Judicial Review in International Arbitration: The Swedish Supreme Court Decision in the Uganda Case Kaj...
Volume 1: Issue 4 (December 1990)
...Invalidity Separability Court Decisions Description: Parties resisting commercial arbitration commonly seek intervention from courts on the ground that the relevant arbitration agreement either suffers from a severe defect or is...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
Author: Olagoke O. Olatawura* Published: July 2007 Topics: Court Decisions Parties Third Parties in Arbitral Proceedings Description: I. MOUNT PRIVITY AND ITS INHABITANTS Widening access to arbitration is for many...
The “Privy to Arbitration” Doctrine: The Withering of the Common-Law ...
Author: Hans Smit* Published: December 1997 Topics: Court Decisions Recourse Against Award Generally Description: No one reading Professor Rau’s most elegant presentation of the arguments for his view can avoid...
Contractual Modification of the Scope of Judicial Review of Arbitral ...
...to transcend to micromanage the proceeding once it commences. The funded party has already its own lawyer who is familiar with the facts underlying the dispute. Substituting the funder’s decisions...