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 …

Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to … a contract a flexible and efficient alternative to traditional court litigation, particularly in cross … law of the contract, the scope of the clause, and the willingness of parties to comply with the arbitral award. This paper …

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 …

resolution has become increasingly relevant in today’s world, and the number of agreements involving alternative dispute … the benefits of alternative dispute resolution over litigation/arbitration procedures, both of which tend to facilitate …

The preliminary steps towards finding the law that will determine incorporation of an arbitration clause into the bill … of lading -- Identifying the prerequisites for the valid incorporation of charterparty arbitration clauses into bills of … lading under English law -- The sequel in the construction of arbitration clauses : the eternal battle of arbitration clauses …

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

Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke … that never signed an arbitration clause. In cross-border arbitration, the genesis of decision-making power derives from no … single legal system. Arbitration arises from the parties' decision that the dispute should not be decided by national courts …