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This article explores the alternative dispute resolution technique of arbitration as it is deployed in broker … over these cases to arbitration associations. In the typical scenario involving broker-customer securities arbitration the … seeks a stay of this litigation as well as an order compelling arbitration per the predispute arbitration agreement the …
Persistent link: https://www.econbiz.de/10013155265
international arbitration, a uniform set of rules governing the requirements for the enforceability of arbitral awards is still non … approaches in respect of arbitration that prevail in those countries. One may, of course, identify a trend, which globalization …, transnational legal order governing arbitration in general and the enforcement of foreign arbitral awards in particular. The …
Persistent link: https://www.econbiz.de/10012837114
Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...
Persistent link: https://www.econbiz.de/10012844239
Taking as its ‘base case' an English-seated international commercial arbitration which has proceeded to the grant of a … and enforcement order under section 66 of the Arbitration Act 1996 (the “1996 Act”), can obtain court orders against …-parties to the arbitration after an award has been granted? (This is sometimes referred to, sometimes confusingly, as the English …
Persistent link: https://www.econbiz.de/10012891588
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
Section 17. The paper concludes by arguing that the changes made in Section 17 by the Arbitration and Conciliation (Amendment … enforceability of orders of interim measures of protection passed by the arbitral tribunal under Section 17 of the Arbitration and … Conciliation Act, 1996 (“1996 Act”). The substance of the argument in the paper is that the Supreme Court and the High Courts have …
Persistent link: https://www.econbiz.de/10012988066
"The Politics of Arbitration Law and Centrist Proposals for Reform", 53 Harvard J. on Legislation 711 (2016), explained … how issues surrounding consumer, and other adhesive, arbitration agreements became divisive along predictable political … Politics of Arbitration Law" did not argue the case for this centrist position. It left those arguments for two more articles …
Persistent link: https://www.econbiz.de/10012933075
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
There is a growing consensus that emergency arbitration is now a permanent and integral part of international … arbitration. Commentators and practitioners recognise the significance of the emergency arbitrator mechanism in protecting the … parties’ assets and interests. In emergency arbitration, institutional rules give a solo arbitrator, called the emergency …
Persistent link: https://www.econbiz.de/10013246411