When a multinational corporation files for bankruptcy, which nation has jurisdiction over the proceedings and which nation's law applies? There is no clear international norm governing the issue, so parties and states are left to inefficient and unpredictable jockeying for authority and...

This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil...

Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke the jurisdiction of otherwise competent courts. Nevertheless, arbitrators do hear cases involving entities and individuals that never signed an arbitration clause. In cross-border...

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...

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 shall be valid, irrevocable, and enforceable, save upon...

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...