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The Reinsurance Arbitration Clause
2013Arbitration clauses are widely used in reinsurance contracts. Such clauses are drawn by parties as they desire, i.e. either narrowly or broadly. A narrowly drawn arbitration clause will render only the specific issues within its scope arbitrable. Broadly-worded arbitration clauses will also normally be construed to encompass extra-contractual claims ...
exaly +2 more sources
Arbitration: Validity of Arbitration Clause in Contract
California Law Review, 1923exaly +2 more sources
2017
Abstract This chapter discusses the purpose and function of model arbitration clauses. A model arbitration clause recommended by an arbitral institution provides for the essential elements of an arbitration agreement. Such model arbitration clauses are of a general nature and are thus suitable for many different types of agreements ...
Michael Moser, Chiann Bao
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Abstract This chapter discusses the purpose and function of model arbitration clauses. A model arbitration clause recommended by an arbitral institution provides for the essential elements of an arbitration agreement. Such model arbitration clauses are of a general nature and are thus suitable for many different types of agreements ...
Michael Moser, Chiann Bao
openaire +1 more source
Policing Unfair Arbitration Clauses
SSRN Electronic Journal, 2014Until recently it was almost universally assumed that the Federal Arbitration Act (FAA) allowed courts to refuse enforcement of an arbitration clause found to be unconscionable as a matter of law. A.T.& T. Mobility v. Concepcion, 131 S. Ct. 1740 (2011) suggests that given the subjective nature of the doctrine of unconscionability, courts may no longer ...
Paul Bennett Marrow, Craig E. Penn
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A Case Study on Consumer Arbitration Clause and Arbitrability
Korea Association for International Commerce and InformationWhen trying to resolve disputes between companies and consumers through arbitration, companies prefer arbitration because they have the bargaining power and competitiveness to proceed with legal reviews, while consumers sometimes refuse arbitration for the purpose of protecting their rights as economically weak people.
Jong-Ha Weon, Eun-Bin Kim
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Arbitration Clauses and Third Parties
2023This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance and construction, where the legal notion of incorporation is ...
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