the benefits of alternative dispute resolution over litigation/arbitration procedures, both of which tend to facilitate …

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 …

American courts operate under the strong presumptions that the Federal Arbitration Act makes nearly all claims … arbitrable and nearly all arbitration agreements enforceable. However, the FAA Section 2 provides that arbitration agreements … Court doctrines: the FAA preemption doctrine (which forbids state courts and legislatures from singling out arbitration …

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 … Arbitration Act was to make arbitration clauses just like other contracts, this article proposes that courts should not rely on a …

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 …