CHECK THESE SAMPLES OF The Position of the Courts on Arbitration Clauses
In a landmark ruling in a construction arbitration case in France, which is part of European Union Law, it was stated that “An Arbitrator should not have any commercial or other similar connection with either party which may give rise to suspicion in the mind of a reasonable person that he may be biased”4....
16 Pages
(4000 words)
Coursework
On the other hand, the prevailing party may be raise claims that the judgment, which was provided, and the process involved binding arbitration require enforcement through the courts.... Arbitration is considered faster and less formal compared to the courts process since the appointments are planned in a way that establishes a mutual convenience among the party bringing the challenge, opposing party in the disputes and the arbitrator.... However, in the courts situation, the plan is dictated by the Court calendar, hence, in arbitration there is a chance of deciding on the duration, time, which is to be spent by the arbitrator in their case7....
6 Pages
(1500 words)
Essay
Also, this gives both the parties a chance to listen to the position of the other party, and may give valuable insight about the weakness in ones own position.... I would like to have two-step dispute resolution clauses included in the agreement.... While court litigation is the formal way of resolution, mediation and arbitration are the informal alternatives.... As is seen, the benefit of mediation is that the parties control the outcome unlike arbitration and litigation....
3 Pages
(750 words)
Essay
he Objective of the ResearchWith detailed information on the involvement of the court of the people's republic of China in international arbitration, this research will also bring to light the position of Hong Kong's court in international arbitration.... The court in any state is a respected institution because of the position it holds in the nation.... hellip; Mainland China and Hong Kong are not ruled out in this and each of them has a court that judges the various cases that arise within the country.
This research proposal is a light of what is expected out a research on the court's supervision and assistance in international arbitration comparing and contrasting with the People's Republic of China and Hong Kong....
10 Pages
(2500 words)
Research Paper
the courts in the… Along with the courts overload a key factor which forced business people worldwide to look for simpler ways to deal with conflict was the fact that in Out of the necessity to find a systematic way to resolve business problems alternative dispute resolution systems (ADR) gain tremendous popularity.... The most common and utilized ADR is arbitration.... This paper studies international arbitration law by analyzing how it works and providing examples of real life arbitration cases....
16 Pages
(4000 words)
Essay
The debate continued and persisted and renewed as Hall Street made headlines in the courts, Federal Arbitration Act (2006)2.... Congress enacted federal arbitration Act 1925 with the intention of settling disputes through arbitration.... There are diverse views about the FAA's post arbitration position for judicial review and weather the contracting parties can expand it.... the Supreme Court held that 9-11 sections of FAA provide the exclusionary aspect of speedy judicial review of arbitration awards....
13 Pages
(3250 words)
Essay
She must understand that the costs of the arbitration comprise the expenses and fees of the arbitrators and administrative expenses set by the tribunal, in agreement with the scale in power at the instance of the start of the arbitral proceedings, also the fees and expenses of given experts selected by the Arbitral Tribunal and the sensible legal and other costs sustained by the parties for the arbitration.... The arbitration Act 1996 regulation would assist Miss Duval in the assessment of costs as it gives some standards to be followed by arbitrators in the assessment of the costs....
13 Pages
(3250 words)
Assignment
However, many parties are challenging this trend in court where court cases reverse the arbitration clauses.... This follows the courts' ability to scrutinize the validity of the arbitration agreement and whether the parties had prior knowledge of it (Moses 94) ... In the paper “International Commercial arbitration” the author discusses arbitration, which refers a situating whereby two parties involved in a dispute agree instead going through a court process; they each propose a team of neutral members who oversee the process of reconciliation....
6 Pages
(1500 words)
Assignment