Relevant bibliographies by topics / Arbitration agreements

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Arbitration agreements'

Author: Grafiati
Published: 4 June 2021
Last updated: 26 July 2025

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Journal articles on the topic "Arbitration agreements"

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Nugrahenti, Meydora Cahya, and Ari Hernawan. "Legal Consequences of Violating Arbitration Agreement and Arbitrator Appointment Agreement under Indonesian Obligation Law Principles." Kosmik Hukum 25, no. 2 (2025): 409–27. https://doi.org/10.30595/kosmikhukum.v25i2.25778.

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Subsequent to Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution (AADR LAW), violations of arbitration agreements and arbitrator appointment agreements still persist in Indonesia. Parties bound by arbitration agreements have initiated court proceedings, while losing parties have sought to nullify arbitral awards on grounds not stipulated in Article 70 of the AADR LAW. Given the apparent ease of such actions without legal repercussions, this article examines the legal consequences of violating these agreements based on obligation law principles. This research uses a norma
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Yuen, Peter. "Arbitration Clauses in a Chinese Context." Journal of International Arbitration 24, Issue 6 (2007): 581–96. http://dx.doi.org/10.54648/joia2007043.

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This article looks at some of the key issues which arise when drafting arbitration agreements in the context of commercial and M&A transactions, with a focus on China-related transactions. The article highlights and examines the key considerations to be taken into account when negotiating and drafting the arbitration agreement. These include the scope of the arbitration agreement, the seat of the arbitration, the governing law of the arbitration agreement, the process for choosing the arbitrator(s), the choice of institutional or ad hoc arbitration, and the choice of language for the arbit
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Dias, Lucas de Souza, and Luciano Benetti Timm. "Arbitragem nos Contratos de Franquia." Revista Brasileira de Arbitragem 6, Issue 21 (2009): 35–60. http://dx.doi.org/10.54648/rba2009002.

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ABSTRACT: This work aims at analyzing the use of arbitration in franchising agreements and to show the arbitration is an alternative way for conflict resolution, as it can offer many economic advantages to the franchisor as to the franchisee concerning the preparation of the franchising agreement. Methodology is based on legal literature, judicial precedents and data collected by entrepreneurial associations. The conclusion is that arbitration is an efficient solution for contracting parties. The legal admissibility of arbitration in franchising agreements shall depend on the nature of the adh
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Risvas, Michail. "INTERNATIONAL LAW AS THE BASIS FOR EXTENDING ARBITRATION AGREEMENTS CONCLUDED BY STATES OR STATE ENTITIES TO NON-SIGNATORIES." International and Comparative Law Quarterly 71, no. 1 (2022): 183–209. http://dx.doi.org/10.1017/s0020589321000476.

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AbstractThis article explores the role of international law in relation to the extension of arbitration agreements contained in contracts concluded by States (or State entities) with non-signatory State entities (or States). As contract-based arbitrations involving States or State entities are on the rise, identifying the legal framework governing which parties are covered by the relevant arbitration agreements is of practical importance. The analysis demonstrates that international law forms part of the relevant law, alongside other applicable laws including law of contract, law of the seat a
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Myslik, Hannah N. "Attempting—and Failing—to Balance Fairness and Efficiency in the Arbitral System." Texas A&M Law Review 8, no. 3 (2021): 583–605. http://dx.doi.org/10.37419/lr.v8.i3.4.

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The Supreme Court has actively expanded the Federal Arbitration Act into realms not originally contemplated by Congress. This harms consumers who are parties to pre-dispute, binding arbitration agreements. If consumers sign a contract containing an arbitration agreement, they may be required to arbitrate everything within the agreement’s scope, including their statutory rights. Simultaneously, the Court has restricted class action arbitration—a device on which consumers have relied when they are forced to arbitrate. The Court’s expansion of arbitration and restriction of class action arbitrati
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Drahozal, Christopher. "Arbitration Costs and Forum Accessibility: Empirical Evidence." University of Michigan Journal of Law Reform, no. 41.4 (2008): 813. http://dx.doi.org/10.36646/mjlr.41.4.arbitration.

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In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, w
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Bitgood, Michael P. "The Matryoshka Model: Understanding the Relationship Between Delegation Provisions and the Broader Arbitration Agreements That Contain Them." Texas A&M Law Review 10, no. 2 (2023): 16–27. http://dx.doi.org/10.37419/lr.v10.arg.2.

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This Note analyzes a 2021 decision in which a Ninth Circuit panel diverged from its sister circuits on whether an arbitrator may decide the enforceability of an arbitration agreement that excludes the application of federal law in the arbitration proceedings. In Brice v. Plain Green, LLC (Brice I), the Ninth Circuit panel considered several arbitration agreements that contained delegation provisions. A delegation provision is an additional agreement to arbitrate the validity, enforceability, or scope (collectively, “arbitrability issues”) of a broader arbitration agreement.
 Analyzing the
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Chevalier, Maxime. "French Wine in New Bottles: Revirement de Jurisprudence in French Consumer Arbitration Law." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 3 (2022): 404–25. http://dx.doi.org/10.54648/amdm2022027.

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For almost two centuries, French judges had closed their eyes when arbitration agreements were inserted in international consumer contracts, allowing such clauses to stand and favouring the rigid application of French international arbitration law at all costs. Arbitration agreements inserted in international consumer contracts were systematically enforced, in the name of both the negative effect of the compétence-compétence and the autonomy of international arbitration agreements. However, in the PwC case, the Cour de cassation recently reversed its long-standing jurisprudence by refusing to
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Blanke, Gordon. "The Application of EU Law to Arbitration in the UK: A Study on Practice and Procedure." European Business Law Review 25, Issue 1 (2014): 1–66. http://dx.doi.org/10.54648/eulr2014001.

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The following study deals with the application of EU law to arbitration in the UK , and in particular with points of practice and procedure that arbitrators and arbitrating parties are required to take into account in the application of EU law in UK arbitration. The role played by EU law in arbitration is often overlooked given the prevailing confidential nature of arbitration as a private dispute resolution mechanism in its own right. Arbitration finds wide application in the resolution of disputes arising from licensing, franchising, supply and distribution and other commercial agreements ac
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ابراهيم محمد النور, جودة. "الشروط الشكلية والموضوعية لإجراءات الدعوى التحكيمية". Omdurman Islamic University Journal 15, № 1 (2019): 41–88. http://dx.doi.org/10.52981/oiuj.v15i1.1374.

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Arbitration has now become an urgent necessity. Given the development of the fields of trade and services, the resulting complexity of transactions and the complexity and increase in the issues involved, the study aimed to identify the concept of arbitral proceedings, Aimed at shedding light on the extent of compliance with the substantive and formal conditions of the arbitration proceedings. The researcher sought to follow the analytical descriptive approach. The study reached several conclusions, the most important of which are: As regards the conditions of validity of the arbitration agreem
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Dissertations / Theses on the topic "Arbitration agreements"

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Dalentoft, Tomas, and Magnus Toftgård. "International Arbitration : Arbitration Agreements and the writing requirement." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-7471.

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<p>Abstract</p><p>As international trade is constantly increasing, the number of disputes between international parties is greater than ever. In view of the fact that it is difficult to get court judgments recognized and enforced, arbitration has gained a great foothold in international commercial disputes. The leading international legal framework for recognition and enforcement of arbitral awards is the New York Convention of 1958 with 142 Member States as of today. It simplifies recognition and enforcement of arbitral awards in foreign countries. Nevertheless, certain criterions are require
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Andersson, Leo. "Consumer arbitration online : pre-dispute arbitration agreements in an e-commerce context." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-120624.

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Gu, Weixia, and 顧維遐. "The regulation of arbitration agreements in China: practical constraints and prospective reforms forChinese arbitration." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B41508889.

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Odoe, Levi Onyeisi Wilson. "Party autonomy and enforceability of arbitration agreements and awards as the basis of arbitration." Thesis, University of Leicester, 2014. http://hdl.handle.net/2381/28773.

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This thesis starts from the perspective that although certain sections of the Nigeria‘s Arbitration and Conciliation Act 2004 need to be reformed, the principles of the Act are centered on enforceability, fairness, impartiality, avoidance of unnecessary delay, party autonomy and the restriction of unnecessary court intervention. These principles reflect the basis of the UNCITRAL Model Law on International commercial arbitration 1985, the New York Convention 1958 and many modern Arbitration Laws. The object of the Arbitration and Conciliation Act can also be illustrated by Nigeria‘s ratificatio
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Gu, Weixia. "The regulation of arbitration agreements in China practical constraints and prospective reforms for Chinese arbitration /." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B41508889.

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Lendermann, Nathalie [Verfasser]. "Procedure Shopping Through Hybrid Arbitration Agreements : Considerations on party autonomy in institutional international arbitration / Nathalie Lendermann." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://d-nb.info/1160309108/34.

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Tarawneh, Musleh Ahmad Musa. "Recognition and enforcement of foreign arbitration agreements under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 1998. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=59754.

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Shahrullah, Rina Shahriyani. "The implementation of international arbitral awards in commercial relationships : a comparative legal study between Indonesia and Australia /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18738.pdf.

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Assaduzzaman, Assad Khan. "Agreements of state-entity and state liability in international investment arbitration." Thesis, University of Southampton, 2013. https://eprints.soton.ac.uk/348851/.

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Most often in an investment agreement between a State entity and a foreign investor the arbitral tribunal is faced with the question of the liability of the State for the conduct of its entities. To make it precise the crucial findings of this research is whether or to what extend the States hall be liable for the commercial conduct of its entities? State affiliates in general includes, ‘state organ, ‘state agency’, ‘instrumentality’, ‘state-owned entity’, ‘state-owned company’, ‘publicly owned corporation’, ‘government business enterprise’, ‘public sector undertaking’ and ‘parastatal entity’.
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LOMBARDO, MARINA MARIA. "International tax disputes resolution through the mutual agreements and arbitration procedures." Doctoral thesis, Università Bocconi, 2009. https://hdl.handle.net/11565/4053858.

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Books on the topic "Arbitration agreements"

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Commission, Manitoba Law Reform. Arbitration. The Commission, 1994.

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B, Dorter John, ed. Commercial arbitration. Law Book Co., 1986.

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Dennis, Campbell, Meek Susan, and Center for International Legal Studies., eds. The arbitration process. Kluwer Law International, 2002.

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Carleo, Roberto. Le vicende soggettive della clausola compromissoria. G. Giappichelli, 1998.

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Acret, James. Construction arbitration handbook. 2nd ed. Thomson/West, 2006.

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Mendelson, Littler, ed. Employment arbitration agreements: A practical guide. Aspen Publishers, 2009.

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Michell, Paul M. Materials for international commercial arbitration (513H1F). 2nd ed. Faculty of Law, University of Toronto, 2004.

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Michell, Paul M. Materials for international commercial arbitration (513H1S). 2nd ed. Faculty of Law, University of Toronto, 2006.

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Michell, Paul M. Materials for international commercial arbitration (513HS). Faculty of Law, University of Toronto, 2003.

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Roche, Ricardo Henríquez La. El arbitraje comercial en Venezuela. Cámara de Comercio de Caracas, Centro de Arbitraje, 2000.

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Book chapters on the topic "Arbitration agreements"

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Zabloudilová, Kateřina. "Regulation of Arbitration Agreements Under New York Convention." In Cofola International 2021. Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-12.

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Subjects of international commercial transactions conclude arbitration agreements that are governed by New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article aims to analyze the regulation of arbitration agreements under New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This includes the understanding of an arbitration agreement itself and the requirements for its formal and material validity. Moreover, the Czech Regulation of arbitration agreements will be considered.
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Nazzini, Renato. "Brexit and Arbitration Agreements." In The Transformation of Private Law – Principles of Contract and Tort as European and International Law. Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-28497-7_4.

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Lin, Yifei. "Other Issues Concerning Arbitration Agreements." In China Arbitration Yearbook. Springer Nature Singapore, 2024. http://dx.doi.org/10.1007/978-981-97-6083-1_3.

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Andrews, Neil. "Arbitration Agreements: Validity and Interpretation." In Arbitration and Contract Law. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_2.

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Arda, Aslı. "Arbitration Agreements and Third Parties." In Arbitration Clauses and Third Parties. Informa Law from Routledge, 2023. http://dx.doi.org/10.4324/9781003268673-8.

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Song, Jianli, and Bing Cheng. "Judicial Review of Arbitration Agreements." In Foreign-Related Commercial Disputes Resolution in China. Springer Nature Singapore, 2024. http://dx.doi.org/10.1007/978-981-99-9081-8_9.

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Wang, Faye Fangfei. "The validity of and law applicable to online arbitration agreements." In Online Arbitration. Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315625980-5.

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Ackermann, Tobias. "Exception Clauses in International Investment Agreements." In International Challenges in Investment Arbitration. Routledge, 2018. http://dx.doi.org/10.4324/9781315098449-3.

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Grbo, Zinka, and Sevleta Halilović. "Some Peculiarities of the Legal Framework on Commercial Arbitration in Bosnia and Herzegovina." In European Union and its Neighbours in a Globalized World. Springer Nature Switzerland, 2025. https://doi.org/10.1007/978-3-031-76345-8_4.

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Abstract In Bosnia and Herzegovina, arbitration emerges as a promising mechanism for resolving disputes, especially those involving foreign parties. Nevertheless, an overview of the legal framework shows several obstacles that impede this from becoming a reality. Upon examination of the legal framework, a patchwork of laws governing arbitration, dispersed across B&amp;H’s territorial units, is revealed. However, even fragmented, this framework provides a solid ground for arbitration proceedings to be conducted. This is shown by analyzing certain aspects of arbitration, including arbitrability,
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Krūmiņš, Toms. "Approaches to Excluding the Annulment of Arbitral Awards—Exclusion Agreements." In Arbitration and Human Rights. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54237-5_5.

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Conference papers on the topic "Arbitration agreements"

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Sayın, Uğur. "International Commercial Arbitration Institutes." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00808.

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Because of exportation and importation of countries, the amount of commerce enlarged, therefore foreign agreements increased. Because of having differnet law systems of the contries the people, working on permanent investment and commerce wishes to have the suitable arbitration that they want.From this point of view, begining from the year 1898, It has been worked on to develop contraptions do international authorized commercial court’s duty. Then permanent arbitration council was established, Cenevre Convention, New York Convention was established, and the rules of international arbitration c
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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that
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Tuncay, Ahmet. "Arbitration Rules in Turkish Legal System." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00807.

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International companies, with the countries having the relations of commerce and investment, would refer to go to arbitrators, which is completely based upon their free will, to remove or minimise the risks in their own legal systems, to provide the disputes resolve fast and effective way, during the resolution of disputes. Also in our country, to provide the improvement of the international commerce and to promote investment of foreign and local corporation, according to the national and international arbitration legal regulations are made and international agreements are signed by taking not
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Bečvářová, Bára. "Contract Adjustment in Arbitration – Should the Approach Be Adjusted?" In COFOLA International 2022. Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-10.

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For decades, the general attitude has been moving towards accepting contract adjustment in arbitration. More and more, the question is when and how a contract may be adjusted and not whether the arbitrators may have such a power. The article will firstly discuss hardship as a basis for contract adjustment and provide general discussion on arbitrators’ position in cases of hardship. Once the scene is set the paper will focus on how the issue is approached in the area of long-term gas sale and purchase agreements and especially the price review clauses. Based on their example, it is concluded th
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Kršňáková, Hana. "The Singapore Convention: A Giant Leap for Mediation or Just Too Good to Be True." In COFOLA International 2022. Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-3.

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In this article, the author will explore the potential of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the “Singapore Convention on Mediation” in reaching its desired goal – becoming an essential instrument in the facilitation of international trade and support the wide recognition of mediation as an international and domestic commercial dispute resolution practice. Hence becoming what was and still is the United Nations Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards for the international
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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.

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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those
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Kačer, Hrvoje, Blanka Kačer, and Fani Milan Ostojić. "QUO VADIS CHF CASE – STANjE U REPUBLICI HRVATSKOJ 2022. GOD. … ILI KADA ĆE BANKE (I JOŠ NEKI) KONAČNO SHVATITI." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.169k.

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Proceedings are pending before various domestic and international courts and the International Court of Investment Disputes (ICSID) in Washington, with both uncertain timing and content of the decision. Although it is true that relatively long time ago it was ruled on the nullity of banks' power to unilaterally change the interest rate and in this sense the partial nullity of credit agreements, as well as the nullity of the currency clause in CHF, new controversies have emerged over time (from the deadlines for suing onwards). The collective dispute (and the decisions in it) is not the only on
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Worster, Shawn, and Andrew Brydges. "Making Lemonade From Lemons: Lessons Learned in Reducing the Economic and Environmental Impact and Negotiating the Post-2005 Service Agreements on Behalf of the 23 NESWC Communities." In 12th Annual North American Waste-to-Energy Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/nawtec12-2209.

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The twenty-three communities that comprise the North East Solid Waste Committee have labored under what may well be the worst municipal solid waste service agreement in the country. In FY 2004, the disposal fee is $140 per ton. Over the past eighteen years, the communities have paid more for disposal, as much as two to three times what the neighboring communities have paid. The NESWC Board of Directors has, over the course of the past ten years, implemented a multifaceted program to reduce the environmental and economic burden associated with managing the municipal solid wastes generated in th
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Mitrevski, Vladimir. "VALIDITY OF THE ARBITRATION AGREEMENT AS A REQUIREMENT FOR THE ARBTITRATION PROCEDINGS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.727m.

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Commercial subjects and their relations in the trade of goods and services lead to disputes between participants as a result of non-fulfillment of rights and obligations which derive from concluded contracts. This kind of disputes as well as inefficiency of national courts are the main reasons for finding alternative ways of fast and efficient way of solving disputes out of the national courts. Solving disputes out of the jurisdiction of the national courts derives from the will of the parties..The parties trough arbitration agreement agree to solve the dispute trough a third party in form of
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Baiesu, Aurel. "Reflections on the autonomy of the arbitration agreement." In Conferința științifică națională cu participare internațională "Integrare prin cercetare și inovare", dedicată Zilei Internaționale a Științei pentru Pace și Dezvoltare. Moldova State University, 2025. https://doi.org/10.59295/spd2024j.52.

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The legal regime of the arbitration agreement is dominated by the principle of the autonomy of this agreement. The autonomy of the agreement is manifested by its independence from the the main contract, which in turn determines its independence from the law governing this contract. In principle, the arbitration agreement is subject to the law designated by the parties. In the absence of an express designation by the parties of the law applicable to the agreement, either the law of the seat of arbitration (lex arbitri), or the competent law by virtue of the conflict of laws rules of the forum t
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Reports on the topic "Arbitration agreements"

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Andreotti, Nicolò. Deep-seabed Mining in Investor-State Arbitration Between Economic and Environmental Interests: An Analysis of Odyssey Marine v. Mexico. University of Dundee, 2025. https://doi.org/10.20933/100001373.

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The aim of this contribution is to analyse the award rendered in 2024 by an ICSID Tribunal in the investor-State dispute of Odyssey Marine v. Mexico. The case concerns the refusal by Mexico of an environmental permit for Odyssey’s seabed mining project due to environmental concerns, which prompted the company to claim that Mexico had violated several provisions of the North American Free Trade Agreement. This contribution argues that two main takeaways may be inferred from the Award. First, it underscores the tension between the legal protection of foreign investments and the necessity to prot
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