Results 181 to 190 of about 78,555 (231)
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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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Healthcare Reimbursement: HMO Arbitration Clause Enforced
Journal of Law, Medicine & Ethics, 2003In Pacificare Health Systems, Inc. v. Jefrey Book, the US. Supreme Court ruled that the mandatory arbitration clause in an HMO contract should be enforced to compel a physician to arbitrate his RICO charges against the health plan, even though the clause could be construed to limit the arbitrator’s authority to award full damages under the RICO statute.
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CIETAC Arbitration Clause Revisited
Arbitration International, 2008CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION (CIETAC), the world’s largest arbitration centre in terms of the number of cases received,1 adopted new arbitration rules (‘New Rules’) in May 2005. The Chinese Supreme Court issued Certain Interpretations of Chinese Arbitration Law Application (‘New Interpretation’) to be effective in ...
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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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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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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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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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