investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …

arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than … substantial justice without being hampered by the legal technicalities which characterizes the traditional litigation system. In …

Most disputes between customers and their brokerage firms are resolved through arbitration as a result of the Supreme …: the Court's general pro-arbitration trend and its efforts to remove private securities fraud claims from federal court … of the current securities arbitration process from the perspective of an investor advocate. In my view, investors may …

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 …

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 …

In this essay, I examine recent Congressional efforts to ban pre-dispute arbitration clauses in securities brokerage … account agreements and thus eliminate mandatory arbitration of customer-broker disputes. In the proposed Arbitration Fairness … arbitration - whose fairness is regulated with substantial oversight by the Securities and Exchange Commission - does not suffer …

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …

A question periodically arises in the context of both international and domestic commercial arbitration, as to whether … are party to an arbitration agreement their ex facie preference will be for a one-stop adjudication by way of arbitration …-signatories can be deemed to be party to the arbitration agreement, and the conditioning of stay orders …

The case law and literature to date have struggled to locate the rationale for the assignability of arbitration … be found in the “acceptance principle”. This principle indicates, first, that arbitration agreements which are not actual … burdens can be assigned, and second, that the assignability of arbitration agreements is grounded in the assignee’s acceptance …