ARBITRATION AGREEMENT
... ARBITRATION AGREEMENT” “The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract” ...
... ARBITRATION AGREEMENT” “The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract” ...
Institutional and Ad hoc Arbitrations: Advantages
... to choose the form of arbitration which they deem appropriate in the facts and circumstances of their dispute. In international business, a party contemplating concluding an arbitration agreement in a contract for the resolution of disputes or differences may be faced with a choice of the various ty ...
... to choose the form of arbitration which they deem appropriate in the facts and circumstances of their dispute. In international business, a party contemplating concluding an arbitration agreement in a contract for the resolution of disputes or differences may be faced with a choice of the various ty ...
House Committee on the Judiciary Subcommittee on Commercial
... often now, and it most likely won’t in the future. Once there’s a dispute, both parties can look at the dispute and decide what would be in their best interest for this dispute. So even if arbitration has lower process costs, it’s quicker and cheaper than litigation, there will often be one party w ...
... often now, and it most likely won’t in the future. Once there’s a dispute, both parties can look at the dispute and decide what would be in their best interest for this dispute. So even if arbitration has lower process costs, it’s quicker and cheaper than litigation, there will often be one party w ...
James Lloyd Loftis - University of Texas School of Law
... Represent North American investor in LCIA arbitration against Armenia over breach of investment agreement and BIT claims Representing two upstream investors in Ecuador in connection with government attempts at forced conversion of PSAs on four blocks to service contracts and in relation to expropri ...
... Represent North American investor in LCIA arbitration against Armenia over breach of investment agreement and BIT claims Representing two upstream investors in Ecuador in connection with government attempts at forced conversion of PSAs on four blocks to service contracts and in relation to expropri ...
Means of Dispute Settlement
... • Mandatory arbitration agreements, requiring employees to submit their employment disputes to arbitration rather than bring suit in court, are generally enforceable. • The employee must agree, in writing. • But like other contracts, arbitration agreements are subject to contract defenses. • Under C ...
... • Mandatory arbitration agreements, requiring employees to submit their employment disputes to arbitration rather than bring suit in court, are generally enforceable. • The employee must agree, in writing. • But like other contracts, arbitration agreements are subject to contract defenses. • Under C ...
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985), is a United States Supreme Court decision concerning arbitration of antitrust claims. The Court heard the case on appeal from the United States Court of Appeals for the First Circuit, which had ruled that the arbitration clause in a Puerto Rican car dealer's franchise agreement was broad enough to reach its antitrust claim. By a 5–3 margin it upheld the lower court, requiring that the dealer arbitrate its claim before a panel in Tokyo, as stipulated in the contract.Justice Harry Blackmun wrote for the majority that the Federal Arbitration Act (FAA) was broad enough to require arbitration of statutory claims as well as contractual ones, extending a recent line of Court decisions favorable to arbitration. A controversial footnote, creating a possible ""prospective waiver"" doctrine that would allow a party to avoid arbitration under foreign law, has been much criticized by commentators and at the same time raised by many litigants. In 2009 the Eleventh Circuit found it valid for an injured cruise-ship worker, but two years later cast doubt on that conclusion.In dissent, Justice John Paul Stevens argued that antitrust claims were too complex and important to be left to arbitrators and that in any event none of the claims were arbitrable under the terms of the contract itself. He expressed incredulousness that his colleagues would require an American company to arbitrate a claim under American antitrust law before a panel of foreign arbitrators. Justice Lewis Powell took no part in the case.While the case formed an important part of the Court's expansion of arbitrability in the late 20th and early 21st centuries, it could not have reached a court today. In 2002, after years of lobbying by the National Automobile Dealers Association, Congress passed the Motor Vehicle Franchise Contract Arbitration Fairness Act, which prohibited mandatory predispute arbitration clauses in motor vehicle dealership franchise agreements. President George W. Bush signed it into law, the first time a specific exception to the FAA had been legislated since the Court began expanding its scope.