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to the Indian Arbitration and Conciliation Act, 1996 proposed a ‘fast-track' procedure for arbitration in India, where …Online Arbitration is a new tool for dispute settlement mechanism. This mechanism is more cost effective, more … arbitration has encountered certain difficulties in the application of traditional principles of international commercial …
Persistent link: https://www.econbiz.de/10013001435
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
Over the past several decades, the profile of arbitration has changed dramatically. Arbitration is no longer the … province of sophisticated participants. Consumers who enter into contracts that substitute binding arbitration for the public … providers. The merits of this consumer arbitration jurisprudence have been debated heatedly by members of the judiciary, legal …
Persistent link: https://www.econbiz.de/10013159393
including arbitration have become more crucial for businesses operating in India as well as those during businesses with Indian … an attempt to critically evaluate arbitration in India as a legal institution. In this paper, the prime position in … dispute resolution is discussed. This paper examines and evaluates the International Arbitration Regime in India under 1940 …
Persistent link: https://www.econbiz.de/10012836155
individual arbitration. This paper explores the tension between the pro-arbitration stance of the Supreme Court and the pro …-employee stance of the National Labor Relations Board. The NLRB maintains that individual arbitration agreements violate Section 7 of … conflicts with the text of the Federal Arbitration Act, which requires courts to enforce arbitration agreements according to …
Persistent link: https://www.econbiz.de/10012836951
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
-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to … judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is … arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …
Persistent link: https://www.econbiz.de/10012838053
for dispute resolution. This impulse provided the necessary impetus for India to enact the Arbitration and Conciliation … (Amendment) Act 2019 (hereinafter the 2019 Act). A timely reform to realize India's aspirations of being the hub of arbitration … 2019 Act address the issues in the arbitration regime of India …
Persistent link: https://www.econbiz.de/10012839025
As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of...
Persistent link: https://www.econbiz.de/10012842820
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