It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international … agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement … would cause parties to prefer arbitration over litigation.This study examines the validity of these theoretical claims …

Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to … a contract a flexible and efficient alternative to traditional court litigation, particularly in cross … law of the contract, the scope of the clause, and the willingness of parties to comply with the arbitral award. This paper …

international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still … important. Based on extensive practical experience, this book analyses international contract practice and its interaction with … refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in …

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 …

resolution has become increasingly relevant in today’s world, and the number of agreements involving alternative dispute … 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 …

and that deviate from state contract law, courts are enforcing arbitration agreements in situations where they would not … poorly-conceived federal policy favoring arbitration, but instead should apply general contract principles to arbitration …It is widely acknowledged that the purpose of the Federal Arbitration Act was to place arbitration clauses on “equal …