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Narges M. Kakalia

Mintz

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An Arbitrator’s Power May Be Greater Than That of a Judge

USA - June 7 2018 Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although...


Arbitrability Basics: An Illustration of the “Autonomy” Principle

USA - March 22 2018 Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract...


Enforcement of International Arbitral Awards in the U.S. - Could a Court Abstain Due To “Inconvenience”?

USA - June 21 2017 Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss...


Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

Australia, United Kingdom, Canada, India - March 27 2017 In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be...

Terry McMahon.


When An Arbitration Clause Sounds Permissive But Is Not Does “May” Really Mean “Must”?

USA - January 12 2017 Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding...