Arbitration for Cross Border Transaction in Islamic Finance Contracts
... “Each Contracting State shall recognize an agreement in writing under which the
parties undertake to submit to arbitration all or any differences which have arisen
or which may arise between them in respect of a defined legal relationship, whether
contractual or not, concerning a subject matter capa ...
Lord Goldsmith QC A Brave New World – Can The BVI International
... Chamber of Industry and Commerce in 1996 is an exception. Its International Chamber
of Commerce Caribbean Court of Arbitration, which administers arbitrations under the
ICC Rules, aims to be the “provider of choice” for out of court dispute resolution
services. In 2011, the Centre mediated and arbit ...
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.In the United States, there is an ongoing debate over the use of arbitration clauses in consumer contracts. Differences between arbitration and litigation include the costs of resolving a case, the speed of resolution, and the procedure of resolving a case, including how and where the arbitration is conducted and the availability of discovery. Critics of consumer arbitration say that arbitrators and arbitration administrators can be biased (in part due to the repeat-player effect), arbitration clauses are not conspicuous, and for many classes of consumer goods and services, nearly all providers require arbitration. Proponents of consumer arbitration cite ""consumer-friendly"" terms that lower the dispute resolution costs of consumers and provide incentives for consumers to bring claims in arbitration. Most arbitration clauses require parties to waive their right to proceed on a class action basis in either court or arbitration, and, in the United States, the debate over consumer arbitration has also featured discussion of the merits of class actions.In 2011, the Supreme Court of the United States ruled in AT&T Mobility v. Concepcion that state laws that in effect require the availability of class actions to resolve consumer disputes are preempted by the Federal Arbitration Act. The ruling resulted in the adoption of new arbitration clauses or changes to existing ones in consumer contracts, as well as renewed efforts to persuade the federal government to regulate or ban the usage of consumer arbitration clauses.The support given to consumer arbitration under United States law (particularly the Federal Arbitration Act) has been compared to other countries, whose laws restrict or ban consumer arbitration.