arbitrators should perform a task known as “clause construction”: determining whether an arbitration clause that does not mention …. Moreover, because class members are entitled to notice of rulings that impact their rights, the American Arbitration …

The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Arbitration “took … postscript to development of public courts. The functions of arbitration as a private, flexible, effective, and independent … process fuelled its recognition. Arbitration has to guarantee legal certainty, predictability, and settlement being costless …

Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …

Australia as a hub for dispute resolution in the Asia-Pacific region. Underlying both the domestic and international arbitration … regimes is the UNCITRAL Model Law It is universally accepted that the success of the new arbitration regime in Australia … process to confer exclusive jurisdiction under the International Arbitration Act 1974 (Cth) upon the Federal Court was not …

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …

arbitration clause and party autonomy. This article, deals with this issue of powers of international (financial) arbitrators and … transnational commercial an financial legal order ityself, merely activated by the arbitration clause but are not founded therein …

Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than … arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …