and unpredictable jockeying for authority and advantage. The article proposes that arbitration clauses governing …

It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international … agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement … would cause parties to prefer arbitration over litigation.This study examines the validity of these theoretical claims …

The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions … enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context … arbitration provisions …

The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial … arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the … position becomes complex when the question is regarding the separability of an arbitration agreement when the underlying …

of arbitration as a means for the resolution of international commercial disputes. Are arbitrators more like judges …

It is widely acknowledged that the purpose of the Federal Arbitration Act was to place arbitration clauses on “equal … footing” with other contracts. Nonetheless, federal and state courts have placed arbitration clauses on a pedestal by creating … special interpretive rules for arbitration clauses that do not apply to other contracts. In doing so, they have relied …

contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers … Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the … availability of legal aid, even in the international context. International arbitration decisions may also be reviewed for …

insurance, Islamic financial market and etc. This problem leaves arbitration as the only process for the settlement of Islamic … commercial dispute. Nevertheless, arbitration cannot be resorted to, except if an arbitration clause is inserted in the … respective commercial agreement. This article expounds the importance of the arbitration clause to the Islamic commercial …

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …