Showing 1 - 10 of 259
Persistent link: https://www.econbiz.de/10012897283
This paper discusses the provisions on arbitration of the European Commission’s December 2010 draft review of Reg. (EC …) 44/2001 against the backdrop of the earlier proposals on the inclusion of arbitration within the scope of the Regulation …(4) of the draft, pointing out the analogy between the role conferred on the law and forum of the seat of the arbitration and …
Persistent link: https://www.econbiz.de/10014179581
This article examines the differing legal treatment of pre-dispute consumer arbitration agreements in the European … the United Kingdom), most such agreements are invalid. In the United States by contrast, most pre-dispute arbitration … agreements are valid, even in consumer contracts, unless some other provision in the arbitration agreement renders it …
Persistent link: https://www.econbiz.de/10013122676
International Commercial Arbitration if flourishing within the European Union. People refer to it more than ever and …, besides, national legislators are enacting new Arbitration Act to the extent that almost all EU Member States have modified … the regulation on Arbitration during the last decade. This popularity contrasts with the fact that arbitration remains …
Persistent link: https://www.econbiz.de/10013104310
cartel damages claims fall within arbitration clauses entered into at a time when the claimant did not have knowledge of the … national courts to interpret the scope of arbitration clauses as excluding cartel damages claims or to disapply them and that … laws and international arbitration law. Indeed, the approach in Microsoft Mobile may still be quite restrictive because …
Persistent link: https://www.econbiz.de/10012898141
The article discusses approaches used in determination of the international [character] of arbitration reflected in the … UNCITRAL Model Law [1985] – compliant arbitration laws of the 4 Eurasian states – the Russian Federation, Ukraine, Azerbaijan …
Persistent link: https://www.econbiz.de/10014158323
contradict the modern practice of international arbitration and the case-law of the European Court of Justice …
Persistent link: https://www.econbiz.de/10014168657
in terms of substantive-law aspects and procedural aspects. This also extends to arbitration agreements concluded between … arbitration clauses in consumer contracts, and that instead, the lawmaker should focus on seeing to it that the basic principles … of arbitration are observed. In concluding he finds that the European model often leads to the abuse of the system of …
Persistent link: https://www.econbiz.de/10014170124
in several European countries and four case studies provide evidence suggesting that heterogeneous national litigation …
Persistent link: https://www.econbiz.de/10003820846
Persistent link: https://www.econbiz.de/10003923618