A Comparative study of Procedural confrontation with Arbitration Agreement in Court (critique & Justification of Judgment No. 0200023 of the General Assembly of Civil branches of the Supreme Court) [PDF]
پژوهش های حقوق تطبیقیthe inclusion of an arbitration clause in a contract obliges the parties to settle the dispute through arbitration and refrain from submitting their claims to courts. However, one of the parties may file a lawsuit in court.
Hassan Mohseni, Sajjd Ghasemi
doaj
National Labor Relations Board v. Murphy Oil USA, Inc.: A Test of Might [PDF]
, 2017 National Labor Relations Board v. Murphy Oil USA pits two co-equal federal statutes head-to-head. The Federal Arbitration Act mandates that all arbitration clauses be enforced.
Storey, Elizabeth
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LEGAL PROTECTION AGAINST THE FAILURE TO COMPENSATE ON INTERNATIONAL INVESTMENT DISPUTE
Yustisia, 2019 A dispute between two or more countries involved in a foreign investment may arises from investment agreement agreed upon by the parties. If one of the parties breaches the agreement, the parties will automatically agree to resolve the dispute to the ...
Vunieta ., Walida Ahsana Haque
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'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex
SSRN Electronic Journal, 2013 We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators predicted that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form ...
Drahozal, Christopher R. +1 more
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Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making [PDF]
, 2019 For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate—rather than allowing her to litigate—does not affect the outcome of a dispute. Recently, the Court has invoked this “parity assumption” to expand arbitral jurisdiction.
Horton, David
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Contracting with Tortfeasors: Mandatory Arbitration Clauses and Personal Injury Claims [PDF]
, 2004 This article examines some of the cases in which courts have enforced arbitration clauses in personal injury litigation and considers why courts have reached the outcomes they have.
Thornburg, Elizabeth G.
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Labor and Mandatory Arbitration Agreements: Background and Discussion [PDF]
, 2001 CRS ReportCRSLaborMandatoryArbitration0501.pdf: 279 downloads, before Oct.
Shimabukuro, Jon O.
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Jurnal Mercatoria, 2017 The existence ofthe arbitration clause in an agreement to hold the rights of the parties to submit the settlement of disputes to the Court. District Court was not authorized to adjudicate disputes which the parties have been bound in the arbitration ...
Citra Bakti Pangaribuan
doaj
Restoring Bankruptcy’s Fresh Start [PDF]
, 2017 The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States.
Hermann, Jonathan S.
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Arbitration Clauses in Chains of Contracts
ASA Bulletin, 2009 To foster multi-party arbitrations French, US, and Austrian law allow, with significant nuances, for the extension of arbitration clauses through chains of contracts to claims by the ultimate buyer as a third party to the contract containing the arbitration clause against the first seller/manufacturer.
Schwenzer, Ingeborg, Mohs, Florian
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