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

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 …

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

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 …

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …

case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges … arbitration doctrine combine to insulate religious arbitration awards from judicial even on procedural grounds, leaving courts to … confirm religious arbitration awards without knowing whether the arbitrators complied with the contractually required …

Two decades ago the Supreme Court interpreted the Federal Arbitration Act of 1925 as proclaiming a "national policy … favoring arbitration." Since then the Court has significantly federalized commercial arbitration. The essay outlines a … blueprint of "arbitration federalism" - preemption principles under the judicially-revitalized FAA - that permits states a …

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 …

When an arbitrator in an institutional arbitration is challenged for lacking independence or impartiality, most of the …, the London Court of International Arbitration has published digests of challenge decisions that have been sanitized, that …