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10 Aug 2007, 6:58 am
A recent ruling from the English Commercial Court illuminates one risk with the use of the Bermuda form arbitration clause: if the losing party is dissatisfied with the arbitration result, it may not be permitted to challenge the result under New York law in a New York court, but may instead be limited to challenging the arbitration award under English law in English court.In the case, C v. [read post]
6 Dec 2018, 9:45 am
Arbitration is a form of dispute resolution in which the parties agree to let a neutral arbitrator resolve the matter. [read post]
31 Aug 2012, 9:51 am
The arbitrator is not a judicial official…. [read post]
9 Jun 2011, 1:21 pm
§§ 1-16, a district court may decide a claim that an arbitration agreement is unconscionable where the agreement explicitly assigns that decision to the arbitrator. [read post]
12 Jun 2019, 7:20 am
Health Express moved to dismiss the case and compel arbitration based on an arbitration agreement that stated it was “governed by the Federal Arbitration Act. [read post]
28 Dec 2007, 10:39 am
Alan Scott Rau (University of Texas at Austin School of Law) has posted The Arbitrator and Mandatory Rules of Law (American Review of International Arbitration, Spring 2008) on SSRN. [read post]
10 Jan 2020, 12:30 pm
FINRA Proposal on Unpaid Arbitration Awards Not Good EnoughThe Financial Industry Regulatory (FINRA) Administration Proposal will open the window for investors to exit the arbitration process the moment a broker or a brokerage firm leaves business while an arbitration is pending in court. [read post]
22 Feb 2024, 9:49 am
In essence, two actions in two separate forums, with the court matter stayed while the arbitration proceeds. [read post]
20 May 2013, 4:34 am
From the opinion: Plaintiff, in opposition to being compelled to arbitrate its claims against Morgan Stanley Smith Barney, contends that Defendant Cypress, as the main co-conspirator in embezzling and misappropriating millions of dollars of the Miccosukee Tribe’s funds for his personal gain, was without authority to bind the Miccosukee Tribe, absent the knowledge and consent of the Miccosukee Tribe’s General Counsel, to arbitration, which effectively closes the federal… [read post]
8 Jun 2012, 4:46 am
Tags: Arbitration, International Practice Related posts No related posts. [read post]
22 Sep 2011, 7:25 am
We've blogged about notarized and certified contract translation services for international arbitration and about multilingual arbitration proceedings interpreting. [read post]
22 Jun 2009, 3:00 am
Samedan and the Underwriters submitted their claims to arbitration, pursuant to the arbitration agreement. [read post]
22 Sep 2017, 3:22 am
" "[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration. [read post]
18 Mar 2022, 7:46 am
The prioritization of mediation/arbitration to resolve condominium-related disputes and judicial disapproval of parties piggybacking onto claims to avoid mediation/arbitration is not new; we wrote about this topic before here and here. [read post]
23 Jan 2008, 6:00 am
Otay moved to compel arbitration. [read post]
15 Jan 2010, 7:29 am
Asked whether it plans to fight mandatory arbitration broadly or industry-by-industry, Lipsen said the group wants Congress to pass the Arbitration Fairness Act of 2009 this year. [read post]
28 Nov 2011, 4:57 am
“The Federal Arbitration Act reflects an ‘emphatic federal policy in favor of arbitral dispute resolution. [read post]
10 Feb 2012, 1:47 am
It includes an arbitral Clause (1) in a contract containing an arbitration clause signed by the parties, (2) an arbitration agreement signed by the parties, (3) an arbitral clause in a contract contained in exchange of letters or telegrams, and (4) an arbitral agreement contained in exchange of letters or telegrams. [read post]
23 Aug 2012, 3:30 am
In response to the demand for arbitration, the Richfield Central School District asked for, and obtained, a stay of arbitration from a State Supreme Court judge. [read post]
11 Jul 2023, 7:31 pm
The latest issue of the Journal of International Arbitration (Vol. 40, no. 4, 2023) is out. [read post]
