Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke … that never signed an arbitration clause. In cross-border arbitration, the genesis of decision-making power derives from no … single legal system. Arbitration arises from the parties' decision that the dispute should not be decided by national courts …

in arbitration should balance sensitivity toward cost and delay against the parties' interest in due process and correct … decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to …

bad. Several elements play key roles in evaluating any arbitration, namely: accuracy, fairness, cost, speed, and award …

The paper deals with arbitration of unresolved issues in mutual agreement cases as regulated by the new paragraph 5 … remarks on the arbitration method in international tax matters, the paper describes the evolution of international tax … arbitration. The central part of the paper is devoted to the analysis of the procedure of the tax arbitration established by new …

article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is …, there is no impediment for a corporate joint malfeasor to pursue the sovereign in arbitration to secure its share of … could lead to "who pays" cross-claim arbitration against the sovereign. Using Guido Calabresi's scheme of cost avoidance …

bribery can potentially affect arbitration proceedings. Russia’s accession to the OECD Anti-bribery Convention prompted a … laws of other jurisdictions recognise the concept of separability of arbitration agreement. In other words, even if the … underlying contract is void or terminated, the arbitration agreement in most cases remains in force and allows a tribunal to …

This paper outlines the law and practice of international commercial arbitration in Japan, including comparative … sets out general patterns, noting some recent increases in international arbitration caseloads in Japan, but also possible … reasons behind comparatively low levels of arbitration activity. It also outlines the historical development of Japan …

Arbitration has been the most sought after option not merely in domesticarbitration, but also that of international … arbitration. Moreover, with theboom of international trade, more disputes have arisen, with most partiesopting for arbitration for … dispute resolution. There is a growing reference ofdisputes of International Commercial Arbitration to …

This paper highlights the salient features of the new International Arbitration Act 2008, in force in Mauritius. It … universe of international arbitration …