...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,...
Search Results for : %Court Decisions"
...take these statements into account,[3] and domestic courts have also recognized their status in recent years.[4] The effectiveness of such statements is most significant when made by all parties to...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...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 ...
...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
...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 ...
...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...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...national courts apply to determine the LGAA vary considerably across jurisdictions. This wide variation has received significant attention in recent years. Download Full PDF *Law Clerk, International Court of Justice;...
Favoring Validity: The Hidden Choice of Law Rule for Arbitration ...
...empowers a “United States district court” to compel arbitration, and empowers the “United States court in and for the district” where the award was made to enter judgment upon an...
Bankruptcy Courts and Arbitration: A Question of Competence – Vol. ...
...is still gaining in popularity in the United States and elsewhere. It is not a substitute for court adjudication, but it enhances the possibility that the parties will settle their...
Med-Arb in International Arbitration* – Vol. 8 No. 1
...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. ...
...Commercial Arbitration Board (the “KCAB Rules,” or the “Rules”) as approved by the Supreme Court in 1973 (to coincide with the revision of the Law that accommodated the New York...
Recent Developments in Commercial Arbitration in the Republic of Korea: ...
...be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has...