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9 Jun 2021, 5:34 am
In fact, the Conditions of Use were updated May 3, 2021. [read post]
23 Sep 2009, 1:04 pm
Although a Supreme Court judge directed a rehearing before the arbitrator, the Appellate Division overturned that decision and confirmed the arbitrator's award.The court found that the arbitrator's decision was rational and did not constitute a rewriting of the collective bargaining agreement.One of the claims advanced by the school district was that the arbitrator's ruling was based on errors of fact. [read post]
7 Jan 2011, 6:48 am
O'Malley, Document Production Under Article 3 of the 2010 IBA Rules of EvidenceMatthias Scherer, The Limits of the IBA Rules on the Taking of Evidence in International Arbitration: Document Production Based on Contractual or Statutory RightsRobert H. [read post]
20 Feb 2013, 1:46 pm
She is a former Deputy Counsel of the ICC International Court of Arbitration and now practises as a Senior Consultant for Arbitration Asia. [read post]
13 Dec 2016, 5:50 am
Mekat, & Noah Rubins, The Russian arbitration reform Arjit Oswal & Balaji Sai Krishnan, Public policy as a ground to set aside arbitral award in India Stephen R. [read post]
22 Oct 2014, 1:46 pm
May 3, 2007, no pet.) [read post]
28 Jun 2018, 8:11 am
Following a hearing, the magistrate judge issued a Memorandum Order holding that: (1) the incorporation of the AAA Rules in the arbitration clause clearly evinced an intent to have the arbitrator decide questions of arbitrability; (2) there is a reasonable construction of the arbitration clause that would call for arbitration in this dispute; and (3) the Grigson equitable estoppel test, which both sides agree is controlling in their dispute,… [read post]
19 Mar 2010, 6:18 am
If an employee is represented by an attorney, a copy of the award may be sent to the employee but it must serve the attorney to begin the running of the statute of limitations.3. [read post]
12 Mar 2016, 2:54 am
Source: Arbitration Everywhere, Stacking the Deck of Justice [read post]
8 Dec 2021, 2:01 pm
Florida courts evaluate whether a case is arbitrable by analyzing three elements: “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived. [read post]
1 Jun 2009, 6:29 am
(1) Roger Shashoua (2) Rodemadan Holdings Ltd (3) Stancroft Trust Ltd v Mukesh Sharma [2009] EWHC 957 (Comm) involved a dispute over a shareholders agreement governed by Indian law, which contained an arbitration clause providing for an arbitration in London, under the rules of the International Chamber of Commerce (the ICC). [read post]
19 Jul 2018, 1:56 am
Since Indian law is the substantive law, it would also be the proper law of the arbitration agreement; (ii) as per the UNCITRAL model law, it is for the arbitral tribunal to decide the seat, which it did not and Kuala Lumpur does not become the seat just because the award was made and signed there; (iii) since the UNCITRAL Model Law was adopted by enacting the Arbitration Act, the parties’ intention behind designating the Model Law as the curial law was to… [read post]
10 Aug 2008, 8:13 pm
Maybe arbitrator #3 was actually very young and was hit by a car . . . . . [read post]
27 Aug 2008, 5:12 pm
If you have ever tried to find a copy of an arbitrator's opinions, you may have felt frustrated. [read post]
17 Jul 2011, 7:38 am
Arbitration – Negotiations – Limitation Periods – Contract – Subcontract L-3 Communication Spar Aerospace Limited v. [read post]
17 Jul 2011, 7:00 am
Construction Law - Arbitration – Negotiations – Limitation Periods: L-3 Communication Spar Aerospace Limited v. [read post]
8 Dec 2011, 7:30 am
On Saturday, December 10, 2011 the hearing will be transmitted from 3:00 p.m. [read post]
19 May 2014, 7:00 am
Grenig, Alternative Dispute Resolution § 23:3 at 574 (3d ed.2005)—as procedural summaries in arbitration cases uncontroversially reflect, see, e.g., Green Tree Fin. [read post]
11 Dec 2014, 9:13 pm
Interpreting contracts is a highly practical activity, but arbitrators’ approach to interpretation has important implications both for theory and for the success of arbitration as a means for the resolution of international commercial disputes. [read post]
25 Jan 2011, 10:37 am
The GC summarizes his lengthy memorandum as follows: To summarize, we will urge the Board to modify its approach in Section 8(a)(1) and (3) post-arbitral deferral cases as follows: 1. [read post]