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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 …
Persistent link: https://www.econbiz.de/10013081363
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
is article describes the legal issues of the development and use of electronic arbitration systems as an alternative … method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with … the trends of deformalized arbitration. Despite the formal legality, the trend is breaking the existing legal framework …
Persistent link: https://www.econbiz.de/10014119354
, cases where it is sought to use the arbitration mechanism as a tool to facilitate the parties' involvement behavior …
Persistent link: https://www.econbiz.de/10014221403
. Employees had hoped the Court would find that mandatory individual arbitration provisions are illegal because Section 7 of the … Court, however, held that the Federal Arbitration Act requires arbitration provisions to be enforced as written. While the … disputes that are diverted from courts to individual arbitration – including workplace discrimination and sexual harassment, as …
Persistent link: https://www.econbiz.de/10014111885
Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …
Persistent link: https://www.econbiz.de/10012987767
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
remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial … decisions involving application of federal or state arbitration statutes to processes that are to one degree or another … different from quot;classicquot; arbitration, or to the interface between arbitration and earlier stages in multi-step dispute …
Persistent link: https://www.econbiz.de/10012755345
Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation …'s history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is … subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider …
Persistent link: https://www.econbiz.de/10014213117
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286