...be agreed upon by the parties. Where a person has not submitted to arbitration, either by means of an arbitration clause in a main contract or a separate arbitration agreement,...
Search Results for : %States as Parties"
Author: Jack Graves* Published: August 2012 Description: I. INTRODUCTION Once upon a time, arbitration was seen as a means of avoiding courts in resolving parties’ contract disputes. Today, however, an...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...awards. The Ninth Circuit proclaimed that parties may implicate state law in arbitration agreements to circumvent the limited judicial review of arbitral awards available under the FAA. This will frustrate...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...of the strict application of the UCC. The cases allowing contracting parties to escape their responsibilities under long-term contracts on the basis of changed circumstances (UCC 2-615) were sparse; indeed,...
Memories of Hans Smit the Arbitrator – Vol. 23 No. ...
...include the attorneys and the parties, not to mention the arbitration institution if one happens to be involved in a particular case. While many aspects of arbitration are controversial, surely...
On Communication in International Arbitration – Vol. 3 No. 1-4
Author: Gabriele Mazzini* Published: June 2014 Description: I. INTRODUCTION Investor-state arbitration is currently the most widely used method for the settlement of international investment disputes between investors and host States....
The European Union and Investor-State Arbitration: A Work in Progress ...
...a vacated award is nonetheless eforceable in the United States, so long as it satisfies American standards for enforcing arbitral awards and the parties agreed in their contract that the...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
Author: Bette E. Shifman* Published: June 1990 Jurisdiction: Canada United States Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Applicable Law Arbitral Awards Enforcement of Arbitral Awards Interim...
Developments in Adoption of the 1985 UNCITRAL Model Law on ...
Authors: Paul D. Friedland and Robert N. Hornick* Published: July 1995 Jurisdiction: United States Topics: Agreement to Arbitrate Enforceability of Agreements to Arbitrate Description: In 1970 the United States acceded...
The Relevance of International Standards for U.S. Courts In the ...
Articles Protocols for International Arbitrators Who Dare to Settle Cases Harold I. Abramson United States Federal Courts: No Longer Available to Compel Discovery in Connection with Non-United States Arbitrations Brian...
Volume 10: Issue 1 (March 1999)
Author: Joseph R. Brubaker Published: December 2007 Jurisdiction: United States Topics: Categories of Disputes Commercial Disputes Arbitrability Investment Disputes Applicable Law Lex Mercatoria Arbitral Process Enforcement of Arbitral Awards Enforceability...
Thomas E. Carbonneau, The Law And Practice Of Arbitration* – ...
...needs of international and commercial dispute resolution, and although many of its provisions have been used by states with respect to purely domestic and non-commercial forms of arbitration, there are...