...Consequently, the courts have nullified such clauses because they prevent “American courts from deciding cases properly before them.” Influenced by the unanimous endorsement of Indussa by the courts, the Eleventh...
Search Results for : %Court Decisions"
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 ...
...for Estonia to continue to rely on the Court of Arbitration at the USSR Chamber of Commerce and Industry in Moscow as the forum in which commercial disputes would be...
Estonia Establishes A Permanent Arbitration Tribunal* – Vol. 2 No. ...
...by the parties. The decision by the Appellate Division, First Department, of the Supreme Court of New York, in Brower v. Gateway 2000, Inc. provides another example. Gateway involved a...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
...provided by alternative dispute resolution (“ADR”) which is an alternative not only to court proceedings but even to arbitration itself. If arbitration had always met expectations, no alternative to it...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...U.S. Supreme Court ruled that class arbitration is not permissible if the parties’ agreement is completely silent on the issue of class proceedings. The Supreme Court began its analysis by...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...they design, and more quickly and economically than they could in court.” Arbitration is the go-to solution for businesses to get knowledgeable decision-makers to resolve their disputes faster, more economically,...
Seizing the Benefits of Arbitration — It’s in Your Hands
...Court Practice in Turkey Regarding Applications to Set Aside Arbitral Awards Okan Demirkan and Burak Eryiğit Current Developments The Arbitrator’s Pledge Launches by the European Court of Arbitration Mauro Rubino-Sammartano...
Volume 26: Issue 4 (December 2015)
...vacatur of an arbitral award where an arbitrator is biased or has engaged in certain misconduct. As a consequence, federal courts in the U.S. are wary of interceding to address...
How Challenging is the Challenge, or Can U.S. Courts Remove ...
...has been instituted by our European Court of Arbitration, be delivered in Venice, the unique aristocratic Republic with glorious trade and maritime traditions with Europe and the East. These traditions,...
A Continuous Search for New Horizons* – Vol. 23 No. ...
...accepted on a basis that assures such advantages, will override the arbitration laws of a substantial number of States and entail changes in State and possibly Federal court procedures. 3....
Shades of Yesteryear: A Note on the 1958 U.S. Delegation ...
...in international arbitration. These issues are now before the United States Court of Appeals for the first time since the Supreme Court’s 2004 decision that sparked the latest round of...