Showing 1 - 10 of 772
. Employees had hoped the Court would find that mandatory individual arbitration provisions are illegal because Section 7 of the … Court, however, held that the Federal Arbitration Act requires arbitration provisions to be enforced as written. While the … disputes that are diverted from courts to individual arbitration – including workplace discrimination and sexual harassment, as …
Persistent link: https://www.econbiz.de/10014111885
This article discusses three cases about the Federal Arbitration Act that were decided in the U.S. Supreme Court …. It summarizes the holdings and legal doctrines arising from these three new arbitration cases, situates them within the … larger arc of the prior development of arbitration law in America, explores the potential impact of these cases going forward …
Persistent link: https://www.econbiz.de/10012857997
Kenya Limited [2019] eKLR. It argues that pre-1995, arbitration in Kenya was constrained by untamed court intervention which … violated the principle of finality, a core tenet of arbitration. Based on this, few people opted for arbitration as a dispute …
Persistent link: https://www.econbiz.de/10014263946
On February 25, 2020, the U.S. Supreme Court in Rodriguez v. FDIC unanimously ruled that there should be no federal common law, including in the area of taxation, except in extraordinary circumstances. Some commentators have raised the concern that this hostility to federal common law may...
Persistent link: https://www.econbiz.de/10013223356
Persistent link: https://www.econbiz.de/10011800895
discussion on the Federal Arbitration Act15 (“FAA”) and some of the Supreme Court of the United States' jurisprudence on the FAA … order to avoid enforcing arbitration clauses in cases where the arbitration provision lies within a contract that was … Florida arbitration law with federal arbitration law, but argues that Florida's lower courts may not necessarily be compelled …
Persistent link: https://www.econbiz.de/10013033968
(Pengadilan Agama) or Indonesia’s National Shari’a Arbitration Body (Badan Arbitrase Syariah Nasional – Basyarnas) as their …
Persistent link: https://www.econbiz.de/10013228292
distinguished arbitration practitioners met in Vienna on 17 April 2011 to debate hypothetically whether 'arbitration is appropriate … mass claims systems' and subsequent efforts by legislators and arbitration institutions 'to provide models for the …
Persistent link: https://www.econbiz.de/10013105655
arbitral awards and the ability to form class actions in the context of an arbitration agreement. The Supreme Court in Oxford …
Persistent link: https://www.econbiz.de/10014150878
The 1991 Policy of liberalisation, globalisation and privatisation was a complete game changer for the Indian economy and by an extension, for the justice system in the country. The Indian legal infrastructure needed reforms even before 1991; however, the cycle of reforms that started post 1991 gave...
Persistent link: https://www.econbiz.de/10014241110