...shopping in arbitration, and what are the possibilities for controlling such shopping? Second, in light of the development of forum shopping in arbitration in recent years, particularly in the investment...
Search Results for : Sua Sponte Arbitration
...now repealed legislation- the Foreign Awards Act, 1961. After the enactment of the Arbitration and Conciliation Act in 1996 and ensuing amendments, the Foreign Awards Act has been wiped out...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...it? Is the absolute consent of a party to the arbitration agreement not needed or can an independent right of claim or defense be brought before arbitration proceedings? Is the...
The “Privy to Arbitration” Doctrine: The Withering of the Common-Law ...
...to collect and study the available data regarding diversity amidst the Brazilian arbitration scenario, which, by itself, has revealed to be a great task. Arbitration in Brazil expands steadily; procedures...
Diversity in Arbitration in Brazil: An Overview of the National ...
...bring an investment arbitration claim under ICSID or UNCITRAL rules. The new USMCA, under the recently released terms, has drastically different arbitration obligations for Canada and Mexico. While the new...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
...of Arbitral Awards Description: I. ARBITRATION UNDER SEVERE CRITICISM International arbitration is subject to criticism by users on several grounds: • First, not infrequently the parties are not given a...
Third Generation Arbitration By The European Court Of Arbitration* – ...
...Federal Arbitration Act (“FAA”) with nationwide subpoena power. It is submitted that it is possible that such power may exist, at least where an arbitration clause or the governing arbitration...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
...focus on the practical, legal and political challenges which arbitration faces at this time. The question is whether the calls for transparency are necessary or helpful for international arbitration today...
Keynote Address: Transparency in International Arbitration: Practical Value or Voyeurism? ...
...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
...arbitration. Therefore, the question of § 1782’s applicability to private arbitration needs to be resolved. (Section II) The language and legislative history of § 1782 suggest that it was not...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...Turks and Caicos Islands arising from a construction arbitration under American Arbitration Association (“AAA”) rules, the Judicial Committee of the Privy Council (the “Board”) addressed three key applications of the...
Party Autonomy and Implied Choice in International Commercial Arbitration* – ...
...techniques that “are cost-efficient, expeditious, and fair. Arbitration itself, of course, was conceived as a simpler and faster alternative to litigation. Ironically, however, an international arbitration can all too easily...