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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
about local protectionism, and the inability to enforce foreign judicial decisions in China, arbitration has been overly … the New York Convention. This, however, does not mean that offshore arbitration is the golden rule that applies to any …
Persistent link: https://www.econbiz.de/10013086240
in Vietnam between Vietnamese business entities and foreign parties, arbitration is the most popular. This is so in part … because Vietnam has promoted arbitration as the preferred method for dealing with international commercial disputes. A legal … framework on commercial arbitration compatible with internationally recognized principles and norms of arbitration has also been …
Persistent link: https://www.econbiz.de/10012971594
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to … decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally …
Persistent link: https://www.econbiz.de/10013013617
Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …
Persistent link: https://www.econbiz.de/10012987767
commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid …, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed …
Persistent link: https://www.econbiz.de/10013238106
This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The …, exert varying degrees of influence and account substantially for variations in the arbitration issues considered: (1 … using mediation rather than litigation and arbitration).Various arbitration issues will be examined. First, the relationship …
Persistent link: https://www.econbiz.de/10013238108
A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations …. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor … arbitration's basic procedural integrity, which includes impartial arbitrators who hear before deciding and respect both …
Persistent link: https://www.econbiz.de/10013032247
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
remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial … decisions involving application of federal or state arbitration statutes to processes that are to one degree or another … different from quot;classicquot; arbitration, or to the interface between arbitration and earlier stages in multi-step dispute …
Persistent link: https://www.econbiz.de/10012755345