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21 Nov 2008, 12:24 am
The latest issue of the Journal of International Arbitration (Vol. 25, no. 5, October 2008) is out. [read post]
7 Feb 2012, 9:11 pm
The fact that a party of the investment arbitration is a state and problems transcend the interests of the specific parties involved in the arbitration justify the progressive implementation of the principle of transparency, which has been traditionally rejected in commercial arbitration, in the field of investment arbitration.The acceptance of the institution of amicus curiae in BITs and arbitration rules has resulted recently in various NGOs submitting amicus… [read post]
18 Nov 2009, 7:01 pm
That test is whether the arbitration clause: (i) generally refers all disputes to arbitration; and (ii) references a set of arbitrable rules that empowers arbitrators to decide arbitrability, such as the AAA rules. [read post]
22 Feb 2023, 7:28 pm
A three-judge panel of the Ninth Circuit held on February 15, 2023, that the Federal Arbitration Act preempts a California law designed to prevent employers from requiring workers to sign mandatory arbitration agreements. [read post]
28 Jul 2011, 1:54 pm
The arbitration action is based upon Mr. [read post]
27 Apr 2011, 2:57 pm
Second, class arbitration requires formality. [read post]
15 Mar 2011, 11:15 am
This case was heard on three (3) days and an evening by a tripartite Board of Arbitration. [read post]
25 Sep 2019, 2:00 am
The post Will Player and Employee Empowerment Kill Arbitration Agreements? [read post]
24 Apr 2007, 9:00 am
Later, when her employment dispute arose with RLS and RLS moved to compel arbitration, Maida argued that the arbitration agreement was unenforceable as it was procured by duress. [read post]
15 Sep 2016, 4:00 am
This case presents the question of whether the Federal Arbitration Act, as construed in Concepcion, preempts the Broughton-Cruz rule. [read post]
3 Oct 2012, 4:07 am
Strong (University of Missouri School of Law) has published “Does Class Arbitration ‘Change the Nature’ of Arbitration? [read post]
25 Jun 2014, 2:48 pm
Transnational Dispute Management will publish a special issue in late 2014, “Arbitration in the Middle East – expectations and challenges for the future“. [read post]
20 Jul 2011, 11:15 am
Lise Gelernter (Buffalo) has just posted on SSRN her article How Much Power Does a Labor Arbitrator Have? [read post]
8 Sep 2012, 4:31 am
From Law Times: The Ontario Court of Appeal has reinforced the validity of arbitration provisions with its decision late last month that it won’t vary spousal support in cases where there’s a separation agreement containing an exclusive arbitration clause. [read post]
13 Oct 2016, 6:00 pm
Strong recently published an Article entitled, Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, DIS, and ICC Mechanisms, Arbitration of Trust Disputes: Issues in National and International Law 99 (2016). [read post]
1 Sep 2014, 3:44 am
Arbitral panels can make arbitrary decisions to exclude evidence that could be outcome determinative.... [read post]
20 Feb 2008, 1:44 pm
The Supreme Court has ruled 8-1 that the Federal Arbitration Act supersedes state law in cases in which parties argue to arbitrate disputes in a particular forum. [read post]
31 Jul 2010, 5:00 am
The abstract states: Arbitration is an efficient dispute-resolution... [read post]
30 May 2024, 4:19 am
Spizzirri was whether a court can dismiss a case instead of staying it, pending arbitration. [read post]
22 Feb 2011, 7:53 am
The article is An Empirical Study of Employment Arbitration: Case Outcomes and Processes, 8 J. [read post]