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possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
important part of this reform is the development of international arbitration practice in China. Although stories about corrupt … arbitration process are not rare, a lot could also be said about successful arbitration proceedings. But it is human nature to … system and in particular the arbitration system is, and focus on how to make it work at its best. If you want to play a game …
Persistent link: https://www.econbiz.de/10014177286
This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …
Persistent link: https://www.econbiz.de/10014182278
between the tax authorities of the states involved. Arbitration has been suggested as an alternative, and is starting to be … instituted. Arbitration will probably be a good "stick" against over-long mutual agreements, but it also seems to exhibit "carrot … standard are considered, and the author calls on the Australian government to invite submissions on the prospect of arbitration …
Persistent link: https://www.econbiz.de/10014218893
develops research themes that were identified in my article, “The Enforceability of Arbitration Clauses in Trusts” [2015] CLJ …
Persistent link: https://www.econbiz.de/10014133228
vacate, arbitration awards. Suppose, however, that the arbitration award is very different from the judgment a court would … correctly apply the law. If the party that lost in arbitration (the party that would have done better with a correct application …? • Whether the agreement’s terms ask courts to vacate or confirm legally-erroneous arbitration awards? • Whether the arbitrator …
Persistent link: https://www.econbiz.de/10014144317
is article describes the legal issues of the development and use of electronic arbitration systems as an alternative … method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with … the trends of deformalized arbitration. Despite the formal legality, the trend is breaking the existing legal framework …
Persistent link: https://www.econbiz.de/10014119354
Arbitration has been the most sought after option not merely in domesticarbitration, but also that of international … arbitration. Moreover, with theboom of international trade, more disputes have arisen, with most partiesopting for arbitration for … dispute resolution. There is a growing reference ofdisputes of International Commercial Arbitration to …
Persistent link: https://www.econbiz.de/10013310643
This paper outlines the law and practice of international commercial arbitration in Japan, including comparative … sets out general patterns, noting some recent increases in international arbitration caseloads in Japan, but also possible … reasons behind comparatively low levels of arbitration activity. It also outlines the historical development of Japan …
Persistent link: https://www.econbiz.de/10014169200