arbitrable


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Antonyms for arbitrable

appropriate for or subject to settlement by arbitration

References in periodicals archive ?
Lower courts also have been misled by the generous, proarbitration rhetoric that has accompanied Supreme Court decisions dealing with the scope of arbitrable disputes.
It is submitted that until Liverpool, the public policy regarding arbitration as a favored remedy, including the arbitrable presumption to resolve labor disputes in the public sector, was held to be no different than in the private sector.
614 (1985) (finding statutory claims arbitrable and relying in part on the federal policy favoring arbitration).
Indeed, short of directly saying so in open court, it is difficult to see how a party could more dearly evince a desire to resolve a dispute through litigation rather than arbitration than by filing a lawsuit going to the merits of an otherwise arbitrable dispute.
arbitration clause valid and the dispute arbitrable, the party opposing
As arbitrability is not arbitrable in the absence of the parties' agreement, the district court was required to determine whether Oracle had agreed to arbitrate.
The threshold question as to whether the beth din may decide a dispute is whether the matter at hand is arbitrable.
23) Starting with the presumption that the dispute was arbitrable under the individual employment agreement, the Court then searched the language and history of the underlying statute, the ADEA, for anything that might overcome this presumption.
92) An offer and consent to such arbitration is given in advance within the treaty itself, as long as the dispute is arbitrable under the treaty.
The Supreme Court has stated that any doubt as to the scope of arbitrable issues should be resolved in favor of arbitration.
The Court in Mitsubishi, while upholding that antitrust claims arising out of international contracts were arbitrable, despite prior holdings finding such claims nonarbitrable in domestic cases,(80) continued to expand the scope of the Convention to accommodate the needs of transnational commerce.
Camelot contends that certain of SYS-CON's claims are not arbitrable.
Choosing the right path and knowing whether or not a dispute is arbitrable requires an analysis of all the laws affecting the parties and their transaction.
In fact, the German Federal Court of Justice has expressly held that shareholder disputes are arbitrable on a collective basis, if sufficient procedural safeguards exist.