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)
...such agreements. Article II(3) directs courts to refer “parties” to arbitration without restricting “parties” to signatories. Second, the Convention’s silence on non-signatory enforcement permits Chapter 1 of the FAA to...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...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)
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
...sophisticated commercial transaction usually involves more than two parties. An allegedly delayed delivery of a truck, for example, may result in two sets of proceedings: the freight line may wish...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...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 ...
Articles The Andersen Arbitration ARIA Editors Andersen v. Andersen: The Claimant’s Perspective Barry R. Ostrager, Peter C. Thomas and Robert H. Smit...
Volume 10: Issue 4 (December 1999)
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...