Results 171 to 180 of about 2,930 (223)

Separability - the Indestructible Arbitration Clause

Arbitration International, 1994
IN 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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Arbitration Clauses and Third Parties

2023
This 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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A Case Study on Consumer Arbitration Clause and Arbitrability

Korea Association for International Commerce and Information
When 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 in a Chinese Context

Journal of International Arbitration, 2007
This 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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Policing Unfair Arbitration Clauses

SSRN Electronic Journal, 2014
Until 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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Drafting Enforceable Arbitration Clauses

Arbitration International, 2005
ARBITRATION 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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UMBRELLA CLAUSES IN THE ICSID ARBITRATION

2016
Umbrella 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, 2015
AbstractThis 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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"Arbitrator not to be bound by the Law" Clauses

Arbitration International, 1990
ARBITRATION is probably as old as the existence of state administered justice, and perhaps even older. It was known to the Roman law; it was and is still known to Muslim law; it survived in England through the Middle Ages; and by the late seventeenth century was well established as a means of resolving commercial disputes outside the ordinary courts of
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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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