Author: Alan Scott Rau* Published: January 2004 Jurisdiction: United States Topics: Agreement to Arbitrate Separability Description: We have a document that purports to be a contract, and that purports to...
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Author: Hans Smit* Published: March 1991 Jurisdiction: United States Topics: UNCITRAL AAA Description: On March 1, 1991, the new International Arbitration Rules of the American Arbitration Association (the “new Rules”...
The New International Arbitration Rules of the American Arbitration Association ...
Author: Joseph D. Becker** Published: February 1997 Jurisdiction: United States Topics: FAA Description: Let us resolve to fix the Federal Arbitration Act by February 12, 2000, its 75th anniversary! The...
Fixing The Federal Arbitration Act By The Millennium* – Vol. ...
Authors: Rona G. Shamoon* and Irene M. TenCate** Published: October 2003 Jurisdiction: United States Topics: Court Decisions Judicial Consolidation of Arbitral Proceedings Parties Multiple Parties Description: This article examines the...
Absence of Consent Trumps Arbitral Economy: Consolidation of Arbitrations Under ...
Author: Arthur W. Rovine** Published: October 1990 Description: On October 29, 1990, the United Nations Security Council adopted Resolution 674, inviting States to collect relevant information regarding their claims, and...
An Iraq Claims Process: Where and How?* – Vol. 1 ...
Author: Yulia Andreeva* Published: April 2009 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Removal and Resignation of Arbitrators Challenge of Arbitrators Description: “If you shoot at the king, you’d...
How Challenging is the Challenge, or Can U.S. Courts Remove ...
Author: Robert Goldscheider** Published: December 1995 Jurisdiction: United States Topics: Intellectual Property Mediation Experts Description: With the rise of intellectual property litigation in the United States — a phenomenon that...
The Employment of Experts in Mediating and Arbitrating Intellectual Property ...
Author: Alan Scott Rau* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: The law of discovery has been invested at times with unnecessary mystery. There are few fields...
Evidence and Discovery in American Arbitration: The Problem of Third ...
Authors: Shashwat Bhaskar* and Winy Daigavane** Published: April 2021 Jurisdictions: International United States United Kingdom Switzerland Australia India Jurisdictions: Commercial Disputes Arbitrability Competition and Antitrust Intellectual Property Investment Disputes Banking...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: Arbitration Judicial Review / Severability Modification The Supreme Court of India’s recent judgment in Gayatri Balasamy v. ISG Novasoft Technologies...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
Author: Hans Smit* Published: October 2010 Jurisdiction: United States Topics: Commercial Disputes Contents of Arbitration Agreement Description: I. INTRODUCTION Now that civil litigation cannot even pretend to serve its professed...
The Unilateral Arbitration Clause: A Comparative Analysis – Vol. 20 ...
Author: Xiaobing Xu* Published: July 2007 Jurisdictions: China United States Topics: Dispute Resolution and Litigation ADR Mediation Description: Nothing is permanent but change. – Heraclitus Shutu Tonggui [reach the same...