...into the same antiquated arbitration statute. Enacted 75 years ago as a simple procedural device to enforce arbitration in federal courts, the Federal Arbitration Act (FAA) has now been pressed...
Search Results for : %Court Decisions"
...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
...federal district court in Brooklyn. The first of the new processes to resolve mass claims was created by a treaty between the United States and Iran as a key element...
Mass Claims Processes – Vol. 13 No. 1-4
...Convention refer to public policy only indirectly. Article II(3) provides that the court shall refer the parties to arbitration unless it finds that the arbitration agreement is “null and void,...
Comments on Public Policy in International Arbitration – Vol. 13 ...
...in court because it opened the possibility of exposing it to public scrutiny.” Subsequently, Hans often complained that the parties settled the matter before his award could be upheld by...
Hans Smit — Un Grand Homme – Vol. 23 No. ...
...Whatever the jurisdiction, a court will be called upon to assess whether the parties’ choice goes against one or more mandatory rules of a State to which the contract is...
How Do Mandatory Rules Of Law Function In International Civil ...
...of § 1782 in the U.S. courts a topic of considerable interest among practitioners of international arbitration. In this latter connection, many courts have expressed doubts about whether § 1782...
The Extraterritorial Reach of 28 U.S.C. ยง 1782 in Aid ...
...role for courts in addressing international disputes. In its fullest form, the doctrine supports two different aspects of that role. First, vesting courts with broad authority to apply foreign law...
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...
...most often described as “mandatory” when a court must apply it, even if the court, under the operation of its conflict of laws rules, would ordinarily apply some other body...
Introduction: Mandatory Rules Of Law In International Arbitration – Vol. ...
...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. ...
...INTERNATIONAL ARBITRATION FRAMEWORKS AMIDST GLOBAL CHALLENGES Avaskhan Z. Asanaliyev THE MEANING AND UTILITY OF THE US SUPREME COURT’S “LIBERAL FEDERAL POLICY FAVORING ARBITRATION” Martin Gusy and Chartles T. Kotuby, Jr....
Volume 35: Issue 3 (June 2025)
SPECIAL ISSUE ON THE SUPREME COURT TRILOGY OF 2010–11 Articles The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration Thomas J. Stipanowich Arbitral Power and the...