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Litigating the Arbitration Clause: Considering Uber-Driver Arbitration in India

Arbitration
In Canada, hundreds of Uber drivers came together for a class action lawsuit against Uber seeking benefits under Ontario employment laws. In India, drivers engaged by an instant delivery service platform went on strike against a new pay structure under
Aanchal Gupta
semanticscholar   +1 more source

Analysis Of The Use Of The Dispute Resolution Clause Through Arbitration (Article 79.3) In The Peunaga Cut Ujong Road Construction Agreement Kab. West Aceh Number 001/Pupr-Abar/2024

Journal of Law, Politic and Humanities
The real impact of the existence of changes in Article 88 of Law No. 18 of 1999 with Law No. 2 of 2017 concerning Construction Services can be seen in construction service agreements including the Peunaga Cut Ujong Road Development Agreement, West Aceh ...
Kurdi Kurdi, Cut Zulfahnur Syafitri
semanticscholar   +1 more source

Article: Sustainable Arbitration Along the Belt and Road Initiative: The Green Model Clause

Journal of International Arbitration
While there may be developments in the substantive obligations in green arbitration, it is difficult to say the same for the procedural aspects. Many have voiced concerns over the huge environmental impact in cross-border arbitration as a result of ...
Zhang Y Uying   +3 more
semanticscholar   +1 more source

Model Arbitration Clauses

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
openaire   +1 more source

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
openaire   +1 more source

The Proper Law of the Arbitration Clause: A Challenge to the Prevailing Orthodoxy

Journal of International Arbitration, 2010
It has recently been established, at least before English courts, that where the parties have failed to set out the proper law of the arbitration clause, this is necessarily, and by mandatory default, the law of the seat of the arbitration.
I. Bantekas
semanticscholar   +1 more source

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
openaire   +1 more source

Arbitration in Resolving Construction Cost Claim Disputes Due to Time Extensions: A Study of Contract Law in Indonesia

SIGn Jurnal Hukum
This research aims to analyze the resolution of construction cost claim disputes arising from time extensions, focusing on the arbitration mechanism. The findings indicate that delays in the completion of construction projects not only give rise to cost ...
Amaliyah Noor Indahwati   +2 more
semanticscholar   +1 more source

A Spotlight on ADR in the Middle East The Enforceability of DIFC-LCIA Arbitration Clauses in the Light of Decree No. 34/2021: A View from INSIDE and OUTSIDE the UAE

Arbitration
This article discusses recent court rulings that deal with the enforceability of a Dubai International Financial Centre (DIFC)-London Court of International Arbitration (LCIA) arbitration clause following the entry into force of Decree No. 34/2021.
Gordon Blanke
semanticscholar   +1 more source

The Enforceability of DIFC-LCIA Arbitration Clauses in the Light of Decree No. 34/2021: A View from Inside and Outside the UAE: A Sequel

Arbitration
This article, a sequel to an article of the same title published in the preceding issue of this Journal, discusses two further recent court rulings, one from a local United Arab Emirates (UAE) court and the other from a United States (US) court of ...
Gordon Blanke
semanticscholar   +1 more source

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