Add to ORKGIn arbitration law, few matters engender more stimulating debate than the interaction of arbitrators and judges with respect to jurisdictional determinations. When one side asserts that it never agreed to arbitrate, or contests the arbitrator’s substantive mission or procedural powers, someone must determine the existence, validity, and/or scope of the arbitration clause
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
If a matter is not arbitrable, then it may not be arbitrated.2 Arbitrability, generally, refers to t...
An arbitrator’s primary duty remains the delivery of an accurate award, resting on a reasonably asce...
The disorienting effect of language finds illustration in the principle that arbitrators may rule on...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells j...
Arbitration consists of a process for resolving disputes in a final and binding manner outside the t...
This article examines how courts are allocating jurisdictional questions relating to unconscionabili...
The general notion of arbitrability is practically as old as arbitration itself, and yet it remains ...
One of the most complex problems in the arbitration field is the question of who decides disputes ov...
This chapter analyses the legal issues concerning the jurisdiction of an arbitral tribunal. It consi...
Do arbitrators create precedent? The claim that they do not recurs throughout much of the arbitratio...
A leading contemporary expert in arbitration has explained: The concept of arbitrability determines...
Upon hearing the dispute, the arbitrator will make a decision known as an ‘award’. The term ‘award’ ...
Separability and competence-competence are two of the best known concepts in international commercia...
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
If a matter is not arbitrable, then it may not be arbitrated.2 Arbitrability, generally, refers to t...
An arbitrator’s primary duty remains the delivery of an accurate award, resting on a reasonably asce...
The disorienting effect of language finds illustration in the principle that arbitrators may rule on...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells j...
Arbitration consists of a process for resolving disputes in a final and binding manner outside the t...
This article examines how courts are allocating jurisdictional questions relating to unconscionabili...
The general notion of arbitrability is practically as old as arbitration itself, and yet it remains ...
One of the most complex problems in the arbitration field is the question of who decides disputes ov...
This chapter analyses the legal issues concerning the jurisdiction of an arbitral tribunal. It consi...
Do arbitrators create precedent? The claim that they do not recurs throughout much of the arbitratio...
A leading contemporary expert in arbitration has explained: The concept of arbitrability determines...
Upon hearing the dispute, the arbitrator will make a decision known as an ‘award’. The term ‘award’ ...
Separability and competence-competence are two of the best known concepts in international commercia...
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
If a matter is not arbitrable, then it may not be arbitrated.2 Arbitrability, generally, refers to t...
An arbitrator’s primary duty remains the delivery of an accurate award, resting on a reasonably asce...