...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...
Search Results for : %Court Decisions"
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* ...
Authors: Rona G. Shamoon* and Irene M. TenCate** Published: October 2003 Jurisdiction: United States Topics: Court Decisions Judicial Consolidation of Arbitral Proceedings Parties Multiple Parties Description: This article examines the...
Absence of Consent Trumps Arbitral Economy: Consolidation of Arbitrations Under ...
...25, 2008 the U.S. Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, Inc. that the grounds to confirm, vacate or modify provided in §§ 10 and 11 of...
Modification By Agreement of the Statutory Grounds to Set Aside ...
...however, has not prevented the European Court of Justice (“ECJ”) from developing several protective mechanisms to ensure that the national courts adequately account for EU law. 2. European legislation on...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...resolution, for individuals, investors, corporations and states that often serves as a desirable alternative to traditional court proceedings. Yet, there is growing recognition of the broader role that international arbitration...
International Arbitration as a Tool for Peace
Author: Brooks W. Daly* Published: December, 2019 Jurisdiction: International Topics: Investment Disputes Description: I. THE PERMANENT COURT OF ARBITRATION AND INVESTOR-STATE DISPUTE SETTLEMENT The Permanent Court of Arbitration (“PCA”) is...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...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
...does happen. When the United Nations Security Council imposed sanctions upon a list of suspected terrorist organizations, the European Court of Justice refused to give effect to those sanctions on...
Investment Treaty Law and International Law – Vol. 23 No. ...
...are subject to a one-year limitation period. Again, if a conservatory order is sought in an American court while an arbitration is pending, the responsiveness of the court may depend...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
Author: Alan Scott Rau* Published: August 2012 Description: I. MONDE RE AND FORUM NON CONVENIENS Precisely what is a federal court expected to do when asked to enforce a foreign...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...