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Full-Text Articles in Law
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
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No abstract provided.
Introduction: Singapore Convention Reference Book, Harold Abramson
Introduction: Singapore Convention Reference Book, Harold Abramson
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No abstract provided.
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
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Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Scholarly Works
Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
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No abstract provided.
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
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No abstract provided.