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and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …
Persistent link: https://www.econbiz.de/10013052272
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a … international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent … program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration …
Persistent link: https://www.econbiz.de/10014204422
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
investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
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
Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in...
Persistent link: https://www.econbiz.de/10013147975
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067
case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges … arbitration doctrine combine to insulate religious arbitration awards from judicial even on procedural grounds, leaving courts to … confirm religious arbitration awards without knowing whether the arbitrators complied with the contractually required …
Persistent link: https://www.econbiz.de/10014145723
Persistent link: https://www.econbiz.de/10013083947
the federal securities laws and derivative suits. Recent Supreme Court decisions however that favor mandatory arbitration … fraud claims as single party arbitration. The article discusses how this would seriously imperil needed remedies to combat …
Persistent link: https://www.econbiz.de/10013107162