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 …

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 …

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 …

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

alternative remedies with equivalent, or effect (part 1.9). Part 2 analyzes the same matters with respect to arbitration …

paper we first map some institutional governance possibilities for contracting parties (e.g. mediation, private arbitration …

Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …

enforceability of orders of interim measures of protection passed by the arbitral tribunal under Section 17 of the Arbitration and … Section 17. The paper concludes by arguing that the changes made in Section 17 by the Arbitration and Conciliation (Amendment …

How should legal disputes be allocated between litigation and arbitration? Given strong incentives for many actors to … arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In "Re …-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public …

In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal … administrative agencies would halt in its tracks. But something more interesting happened. Instead of stopping agency arbitration … has rolled back some Obama-era rules, but other efforts to undo agency arbitration regulations have faltered at the …