The FAA applies to the parties' agreement to arbitrate disputes whether or not it is expressly mentioned in that agreement — and is presumed to preempt the ...
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Feb 11, 2021 · Article 28 of the International Arbitration Act provides that the law designated by the parties is the substantive law unless otherwise ...
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Feb 6, 2021 · The lex arbitri (also called the “procedural law” of the arbitration, the “curial law” or the “loi de l'arbitrage“) is a body of national rules ...
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The law governing the arbitration agreement will decide matters of formal and substantive validity, formation, termination, interpretation, assignment and ...
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The doctrine of separability means that it is possible for an arbitration agreement to be governed by a different law than the governing law of the substantive ...
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Nov 5, 2020 · The governing law of an arbitration clause is important because it is law that is applied to determine any disputes over the validity, ...
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A Practice Note identifying the various aspects of an international arbitration that may be governed by different laws. It provides an overview of the ...
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Feb 7, 2017 · Where the arbitration agreement is a clause forming part of a main contract, the governing law of the contract is a strong indicator of the ...
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§ 2), which provides for the validity, irrevocability, and enforceability of arbitration agreements, is substantive federal law that applies in state courts and ...
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arbitrators. It follows that, if the parties can choose transnational principles to apply to the substantive contract, they can also choose ...
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Oct 16, 2020 · First, there is the law of the substantive agreement between contracting parties, which will be applied by the arbitrator(s) in determining ...
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Sep 29, 2014 · Arbitration agreements – which law applies? · the law governing the substantive contract; · the law governing the arbitration agreement; · the law ...
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identify the law to apply and the obligation on arbitrators to ... conflict of laws rules that apply in international commercial arbitration should apply to ...
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Under the FAA, New York law, and California law, written agreements to arbitrate are given full effect. There are no mandatory legislative provisions. New York ...
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Mar 9, 2020 · Generally, the Federal Arbitration Act (FAA) (9 U.S.C. § 1) applies to any arbitration clause in a written contract that in-fact involves ...
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