See SCHWARZ & KONRAD, supra note 110 (describing ways in which Austrian law grants arbitrators the authority to decide disputes by arbitration); Bosques-Hernandez, supra note 17, at 23 (describing Liechtenstein's pro-arbitration rules allowing for compulsory arbitration provisions in trust deeds); Duve, supra note 110, [paragraph] 88 (discussing German statutory provisions that allow binding arbitration clauses
in testamentary or other noncontractual dispositions); Koch, supra note 33, at 187 ("Switzerland, Germany and Austria consider that any dispute involving a financial or economic interest is arbitrable.
Legal issues arose as to whether the choice of forum and arbitration clauses
were rendered unenforceable by prior contract breaches on the part of parties demanding arbitration, and whether the defendants had submitted to and accepted ("attorned") the jurisdiction of the Ontario courts.
Rather than leaving questions of dispute resolution to be decided when sports disputes arise, it is advisable to include an express arbitration clause
in the Sports Agreement or Contract concerned.
11) The arbitration panel interpreted the arbitration clauses
contained in two common charter party agreements, known as the Vegoilvoy charter party and the Asbatankvoy charter party.
For a discussion of the litigation over the use of consumer and employment arbitration clauses
, see Martha Neil, Litigation Over Arbitration: Courts Differ on Enforceability of Mandatory Clauses, 91 ABA J.
Can I just use a general arbitration clause
in my engagement letters?
China's recognition of pre-dispute arbitration clauses
in franchise contracts has been a cornerstone of this structure.
A worker who speaks only Spanish and signed an employment contract written in English is bound by a mandatory arbitration clause
within it, a divided Third Circuit panel has ruled, although the man argued that he could not understand the contract and did not know about the clause.
A significant segment of the property/casualty insurance market seized on this refrain by imposing mandatory arbitration clauses
or other forms of alternative dispute resolution provisions in their insurance products.
The court held, inter alia, that the trial court lacked discretion to deny arbitration of causes of action covered by arbitration clauses
, and that, in any event, the battery-related claims did not come within the arbitration clause
of any contract between CHW and RNS.
That's why they put these arbitration clauses
in their contracts.
Edwards' agenda for 2008 includes seeking transparency of nursing home ownership and protecting consumers from mandatory arbitration clauses
that forfeit their access to the courts.
are in the standard AIA contracts which have been widely used on construction projects.
This article reviews the Illinois Supreme Court's arbitration-friendly decision in Melena and offers pointers for drafting or challenging arbitration clauses
in its wake, then looks at the federal circuit split and how the United States Supreme Court might rule on the issue.
More and more businesses are inserting arbitration clauses
into their standard form contracts with Canadian consumers.