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Arbitration clause for commercial contracts
2022Arbitražinė išlyga – tai sutarties nuostata nurodanti, kad kilus ginčui, šalys susitaria kreiptis į konkretų arbitražą (arba ad hoc arbitražą, sukurtą tik ginčui nagrinėti, ir esant tam tikroms sąlygoms). Kaip taisyklė, arbitražo teismai laikosi palankios arbitražinės pozicijos, t.y., esant pavadinimo netikslumams, arbitražo teismas verčiau spręs ...
Boiko, Vladyslava, Perkumienė, Dalia
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Separability - the Indestructible Arbitration Clause
Arbitration International, 1994IN IBM Australia Limited v. National Distribution Services Limited ,1 two members of the New South Wales Court of Appeal suggested that an arbitrator had no jurisdiction to determine whether a contract, pursuant to a provision of which the arbitrator was appointed, was void ab initio .
Q. Andrew Rogers, R. Launders
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The Informational Role of the Arbitration Clause
European Journal of Law and Economics, 2002We analyse the role of an arbitration clause as a quality signal. We model a contractual relationship between one buyer and two sellers, one of which offers a high-quality product, the other a low-quality product. With a certain probability, the product is defective.
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UMBRELLA CLAUSES IN THE ICSID ARBITRATION
2016Umbrella clauses are commonly used in international investment arbitration. They are stipulated in the international investment treaties, especially in the Bilateral Investment Treaties (BITs). Since BIT is concluded between sovereign states and it has not a direct relationship with investment contract which concluded between an investor and state ...
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THE ENFORCEABILITY OF ARBITRATION CLAUSES IN TRUSTS
The Cambridge Law Journal, 2015AbstractThis article considers the enforceability of arbitration clauses which are included in trust documentation. It focuses on two main questions. The first is whether internal trust disputes are capable of being settled by arbitration. The article offers arguments in favour of the arbitrability of such disputes.
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Click-wrap Arbitration Clauses
International Review of Law, Computers & Technology, 2000(2000). Click-wrap Arbitration Clauses. International Review of Law, Computers & Technology: Vol. 14, No. 3, pp. 397-409.
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Arbitration clauses in Nigerian leases
Commonwealth Law Bulletin, 2011This article undertakes a detailed examination of the practical desirability and legal validity of arbitration clauses under the Nigerian legal regime. This involves navigating through provisions of the relevant Rent Control and Recovery of Premises Law.
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Arbitration Clauses in a Chinese Context
Journal of International Arbitration, 2007This article looks at some of the key issues which arise when drafting arbitration agreements in the context of commercial and M&A transactions, with a focus on China-related transactions. The article highlights and examines the key considerations to be taken into account when negotiating and drafting the arbitration agreement.
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Drafting Enforceable Arbitration Clauses
Arbitration International, 2005ARBITRATION CLAUSES are not as simple as they used to be. Increasingly, they come in tiers, postponing recourse to litigation or even to arbitration until preliminary steps have been taken by the parties to resolve their disputes. These two- or even multi-tiered dispute resolution clauses come in various shapes and sizes. They may spell out in detail a
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Alternatives to the High Cost of Litigation, 1996
John J. Bouma, Cassie Wehling
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John J. Bouma, Cassie Wehling
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