Articles Shattering the Barrier of Inarbitrability Thomas E. Carbonneau All’s Fair in Love and War–Or Is It? Reflections on Ethical Standards for Counsel in International Arbitration Edna Sussman and Solomon...
Search Results for : S. Breckenridge Thomas
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...
Volume 22: Issue 3 (March 2012)
...Perspective Koichi Miki Arbitral & Judicial Decisions The Prospective Waiver of a Statutory Claim Invalidates an Arbitration Clause: The Eleventh Circuit Decision in Thomas v. Carnival Corp. Joseph R. Brubaker...
Volume 19: Issue 2 (August 2009)
Articles “Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress Thomas E. Carbonneau Can the Statutory Grounds for Review of Arbitral Awards Be Changed By the Parties? A French...
Volume 18: Issue 3 (January 2009)
Author: Thomas E. Carbonneau* Published: August 2012 Description: Over several decades, the federal policy favoring arbitration created a consistent judicial practice that unequivocally supported the enforceability of arbitral awards. The...
The Assault on Judicial Deference – Vol. 23 No. 3-4
...be sufficiently intelligible and explain why conclusions were reached by arbitrators.[9] As put by S.I Strong, reasoned awards “enhance the legitimacy of the arbitral process in the eyes of the...
Reasoned Arbitral Awards: An Iranian Perspective
...assistance in foreign courts, foreign parties are now denied assistance in American courts. U.S.-style discovery probably stands to shrink under this decision. Ms. Mouawad added that fraud, criminal-type settings, and...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
Articles Beyond Trilogies: Toward a New Bill of Rights and a New Type of Law Practice Through the Contract of Arbitration Thomas E. Carbonneau A Common Law of Arbitration: Arbitral...
Volume 6: Issue 1 (May 1995)
Author: Thomas E. Carbonneau* Published: October 1993 Jurisdiction: Germany Topics: Categories of Disputes Commercial Disputes Description: By way of initial disclaimer, I am neither a German speaker nor a specialist...
“A-Legality” and Arbitration: The German Supreme Court Joins the Fray ...
...discovery acquired in the United States.[70] The only way to gain knowledge of the arbitral tribunal’s receptivity is through its formal orders. The submissions of parties made to the U.S....
Using 28 U.S.C. § 1782 to Assist a Private International ...
Author: Thomas J. Stipanowich* Published: April 2015 Description: INTRODUCTION How effective is arbitration as a method for resolving commercial disputes, and what are the prospects for its future use? These...
Reflections on the State and Future of Commercial Arbitration: Challenges, ...
...disputes. Moreover, growing numbers are seeking to promote themselves as advocates specializing in arbitration or as “professional” arbitrators. In the U.S., the paradigm of the commercial arbitrator has evolved from...