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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 …
Persistent link: https://www.econbiz.de/10013086050
Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in...
Persistent link: https://www.econbiz.de/10013147975
and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …
Persistent link: https://www.econbiz.de/10013052272
We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample … of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use … agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts …
Persistent link: https://www.econbiz.de/10014221578
employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are … unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration … adequate consideration and that arbitration agreements containing unilateral-modification clauses are enforceable. This article …
Persistent link: https://www.econbiz.de/10014054211
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
The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...
Persistent link: https://www.econbiz.de/10012845978
facilitated by arbitration …
Persistent link: https://www.econbiz.de/10012949846
sovereign prerogative of revenue raising, the practice proves very much to the contrary. Arbitration of tax-related disputes … proves very much a reality despite doctrinal objections. The amenability of such disputes to arbitration remains highly fact …-intensive, with no hard-and-fast rule prohibiting all tax arbitration per se, while some controversies stay out-of-bounds for …
Persistent link: https://www.econbiz.de/10012949850
harvest and new beginnings. The season's double symbolism evokes rival visions of arbitration today. Some observers see a … golden age of cheap and cheerful proceedings as replaced by a costly complexity that fails arbitration's promise of coherent … and efficient dispute resolution. On closer scrutiny, however, arbitration reveals itself as having arrived at its autumn …
Persistent link: https://www.econbiz.de/10012949886