Sentences with phrase «arbitration legal principle»
The judge also found that, based on the «competence - competence» arbitration legal principle, the arbitrator should first decide questions of jurisdiction.
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Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based on a solid legal understanding as well as principles of equity and fairness.
«The basic principles by which the Regulation allocates jurisdiction, giving priority (subject to exceptions) to the domicile of the defendant, are entirely unsuited to arbitration, in which the situs and governing law are generally chosen by the parties on grounds of neutrality, availability of legal services and the unobtrusive effectiveness of the supervisory jurisdiction.
It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law — and should not, as some contend, be a process which is totally detached from those fundamental principles.
It is therefore very helpful for a single practitioner work, such as this, to gather together the most important rules, guidelines and so - called «soft law» on the subject, to set out the key principles applicable in each type of arbitration, and to provide illustrative cases from a number of different jurisdictions and legal traditions.
International Arbitration: Law and Practice, Second Edition The second edition of International Arbitration: Law and Practice provides a concise overview of the legal principles and practice of international arbitration.
... [B] y choosing arbitration, the parties and their lawyers are giving priority to the decision of the specific case under existing law over the refinement of legal principles over time.
The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.
The Mauritian legal framework on international arbitration brings international arbitration principles in an entirely new body of rules, completely separate from those governing domestic arbitration, and which are designed in line with international principles and practices underlying the UNCITRAL Model Law on arbitration.