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27 Nov 2011, 10:24 am
but the forum in which the attack is to take place. [read post]
25 Aug 2017, 4:36 am
Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts. [read post]
1 Aug 2011, 5:41 am
What the Latest Court Decisions Mean for Arbitrators, Employers, Unions and National Labor Policy? [read post]
14 Aug 2023, 3:17 am
Contents include: Neil Nucup, Reviving the Doctrine of International Legal Personality: International Courts and Tribunals as De Jure and De Facto Legal Persons in International Law Aniruddha Rajput, Investment Arbitration as a Forum for Enforcement of Commercial Arbitration Awards Bethany Gamble, Margin of Appreciation: A Model for Immigration Reform in the United States during COVID-19 Maeve Claffey, Procedural Safeguards in the ILC Draft Articles on the… [read post]
15 Dec 2011, 6:25 am
The commonly recognized criteria for the determination of covered investors are nationality or permanent residency for individual investors, and incorporation, effective seat, and/or economic link for legal entities. [read post]
24 Aug 2016, 4:00 am
In particular: The illegality of the “separate proceedings” term here has nothing to do with arbitration as a forum. [read post]
10 Apr 2013, 5:13 am
Instead, the NLRA mandates that some mechanism for concerted dispute resolution remain available in arbitral or judicial forums. [read post]
17 Dec 2010, 8:07 am
In respect to the applicability of the Rome I Regulation in arbitration, the author‘s opinion is that the tribunals must apply it at once if they have to apply particular conflict-of- laws rules (as adapted by a number of national lex arbitri rules) and such conflict-of-laws rules are those of a country bound by the Regulation. [read post]
9 Apr 2009, 2:15 pm
The best way to achieve this is through higher court fees for foreign litigants who lack substantial ties to the forum state. [read post]
16 Feb 2012, 11:18 pm
National courts play a potentially important policing role in this regard. [read post]
10 Nov 2014, 10:13 am
Horton case is correct, asserting that “[m]andatory arbitration agreements that bar employees from bringing joint, class, or collective workplace claims in any forum restrict the exercise of the substantive right to act concertedly for mutual aid or protection that is central to the National Labor Relations Act. [read post]
10 Nov 2014, 10:13 am
Horton case is correct, asserting that “[m]andatory arbitration agreements that bar employees from bringing joint, class, or collective workplace claims in any forum restrict the exercise of the substantive right to act concertedly for mutual aid or protection that is central to the National Labor Relations Act. [read post]
2 Apr 2009, 4:49 am
The Court made clear it does not consider arbitration in lieu of court to be a substantive change, but rather merely a change of forum. [read post]
29 Sep 2017, 6:31 am
Morris (No. 16-300), the Justices will resolve the question of whether arbitration agreements that bar employees from pursuing work-related claims on a collective or class basis in any forum violate the National Labor Relations Act; the Board contends they do. [read post]
9 Jan 2012, 4:44 am
[pdf], the NLRB held that an arbitration agreement violated the National Labor Relations Act’s protections for employee concerted activity. [read post]
4 Apr 2017, 2:51 am
On the other hand, the arbitral tribunal also noted that it was not an appellate tier in respect of the decisions of the national judiciary. [read post]
26 Sep 2011, 4:41 pm
We have well-documented scandals including the shuttering of the National Arbitration Forum, the nation’s third largest provider for unspeakable conflicts and fraud on the public. [read post]
26 Mar 2013, 4:48 am
In my mind, that is a very dangerous legal precedent to uphold, and must be examined very, very carefully for the consequences to society can be damaging beyond imagination.In the big picture, this is not about forum selection, binding arbitration, cumulative trauma, or any of the other legal arguments. [read post]
7 Oct 2009, 4:00 am
” "The only chance of recovery for most investors who fall victim to Wall Street wrongdoing is through a single securities arbitration forum controlled by the securities industry. [read post]
8 Aug 2020, 7:05 pm
The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. [read post]
