Arbitration Agreement in UK Law
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Investor-State Arbitration: The Roadmap from the Multilateral Agreement on Investment to the Trans-Pacific Partnership Agreement
Capital exporting countries have attempted to protect the overseas investments of their multinational corporations (MNC) against host nation governments expropriating these investments, limiting th...
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Fine margins: Examining the minority-majority divide in Enka v Chubb
The question of how to determine the law of the arbitration agreement has long been a hotly debated topic in the field of international commercial arbitration. While this contentious issue was addr...... ... The question of how to determine the law of the arbitration agreement has long been a hotly debated topic in the field of ... ...
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Lord Mustill and the Courts of Tennis – Dallah v Pakistan in England, France and Utopia
This note analyses the reasoning of the English and French courts in Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan, in which an arbitral tribunal...... ... over the Government of Pakistan on the basis of an arbitration agreement concluded by a trust that was created, controlled,and then ... ...
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Towards a Better Commercial Arbitration: Should Ethiopia Ratify the New York Convention?
The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral awards is currently ratified by 161 states. The Convention gives a visa for arbitral awards made in a Convention ...... ... It also imposes on courts the obligation to stay proceeding with a matter subject to the arbitration agreement. Ethiopia has not yet ratified the NYC. This article aims at demonstrating the challenges and prospects of ratification of the Convention by ... ...
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When All Attempts to Settle Fail: Arbitration
The priority for the tribunal, and for the parties, is to ensure an efficient and cost-effective arbitration. A sound starting point for an efficient arbitration is the arbitration agreement. If th...... ... If the funder is satisied with the prospects of the case and the parties are in agreement on the funding terms, they sign a funding agreement that sets forth inter alia the parties’ rights and obligations, the budget allocated to the ... ...
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Bankers Trust Company and Bankers Trust International plc v PT Jakarta International Hotels & Development
During the course of 1997 Bankers Trust International plc (BTI) and the defendant company, PT Jakarta International Hotels & Development (JIHD), entered into a series of seven Indonesian rupiah/US ...... ... from South East Asian financial turmoil: High Court enforces arbitration clause in ISDA master agreement Bankers Trust Company and Bankers Trust ... ...
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Unveiling the legal effect of collective agreements in China
Purpose: The purpose of this paper is to examine the actual legal effect of collective agreements by focusing on the litigation regarding the implementation of collective agreements in China where ...... ... the primary empirical data.The intrinsic features of collective agreement disputes are investigated to delineate different sorts oftheoretically ... to settle cases before approaching the courts.Mandatory labour arbitration might have resolved some cases before reaching the courts aswell. As ... ...
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Choice of law clauses in customer agreements: NASD conduct rule 3110(f)(4)
Most account opening agreements used by US brokerage firms contain a standard predispute arbitration clause requiring customers to submit all disputes relating to the account to arbitration conduct...... ... used by US brokerage firms contain a standard predispute arbitration clause requiring customers to submit all disputes relating to the account ... customer agreements designating the law which will govern the agreement.1 Under a rule of the National Asso-ciation of Securities Dealers (NASD or ... ...
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Conflicts of Procedure between Courts and Arbitral Tribunals with Particular Reference to the Right of Access to Court
... INTRODUCTION ... International commercial arbitration has always been an area where different legal traditions tended towards ... There is much to gain from an agreement lending arbitrators the final authority to rule on their competence, the ... ...
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Commercial Arbitration in Bermuda
... ... to appoint arbitrators 353 Suitability/qualifications of arbitrator 354 Judicial review of arbitration awards 355 Enforcing the arbitration agreement 356 Award/enforcement 358 Conclusion 361 Appendix – recommended arbitration and mediation clauses 363 ... Arbitration clause for domestic ... ...
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