adjudicatearrangearrive at a conclusionascertain after reasoningassessconciliatedecidedecide between opposing partiesdecreedecree authoritativelydeterminedetermine a controversy, deterrine a point at issue,dijudicareend by a decision, fix connlusively,give judgmentjudgejudicate, lead to a deciiion,make a decisionmete outorderpass judgmentpronounce formallypronounce judgmentresolverulesettlesettle by authoritative decisionsit in judgment
Associated concepts:mediatearbitrate(Conciliate),verbaccord, adjust differrnces,arrangebring into agreementbring into harmonybring to termsbring togetherdisceptareharmonizeintervenemake compatible, make peace beeween,moderatenegotiateprevail withpropitiateput in accordreconcilerefereeregulaterender compatiblerender concordantrender no longer opposed, restore harrony,settlesettle differencesSee also:adjudgeadjudicatedecidejudgemediatenegotiatereconcilearbitrateto settle or decide (a dispute); achieve a settlement between parties. To submit to or settle byARBITRATION.
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may be familiar with the effective use of arbitration in family law, 60 there are many countries where family or domestic disputes are not
Disputes that Raise Public Policy Issues: Special Problems in International Disputes
For example, as noted, before Rent-A-Center, several courts did not allow arbitrators to decide unconscionability challenges because of their self-interest in deciding that a dispute is
. (149) After Rent-A-Center, these same courts have reluctantly acknowledged that their previous rulings discriminate!] against arbitration, putting agreements to arbitrate on a lesser footing than agreements to select any judicial forum for dispute resolution. (150) Thus, they have reject[ed] the argument, however practical it may be, that an arbitrator will be unable to determine the question of arbitrability because he or she may potentially be driven by an ulterior interest in keeping the case in arbitration to generate fees. (151)
CLAUSE CONSTRUCTION: A GLIMPSE INTO JUDICIAL AND ARBITRAL DECISIONMAKING
It is now firmly established that competition law issues are
ARBITRABILITY OF CARTEL DAMAGES CLAIMS IN THE EUROPEAN UNION: CDC, KEMIRA, AND MICROSOFT MOBILE
(32) The Court made it clear that [h]aving made the bargain to arbitrate, the party should be held to it unless Congress itself has evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue. (33) With that, the Court promulgated a two-part test to determine if a statutory claim is
. First, does the parties agreement to arbitrate reach the statutory claims?
Arbitration disarms the U.S. government of its greatest weapon in the war against fraud: The False Claims Act
and non-arbitrable claims arise out of the same
The future of class-action waivers in consumer contract arbitration agreements after DIRECTV, Inc. v. Imburgia
Although courts could have minimized the broad power of the FAA by construing it narrowly, the Supreme Court used [the statute] to push a radically pro-arbitration agenda. (31) In a series of decisions, the Supreme Court broadened the contours of the FAA and expanded the range of
claims by effectively ending the persisting suspicion of arbitration that existed with regard to statutory claims.
Arbitration in bankruptcy: which way forward?
Le merite revient en partie a la bonne production
. Les statistiques sont egalement la pour le prouver et peut-etre dissuader les porteurs de discours pessimistes.
(166) Most directly applicable to our discussion, the Court held that antitrust claims were
Resolving intrastate conflicts of laws: the example of the federal Arbitration Act
des differends portant sur la paternite est plus difficilement reconnu en France quau Canada, oU il ne fait desormais aucun doute que laction en contrefacon ou en violation du droit moral peut etre soumise a larbitrage, comme aux Etats-Unis (65).
Propriete intellectuelle, cour supreme du Canada et droit civil
arbitration with respect to FRAND-based claims arising from the patent-holders participation in the Blu-Ray Disc Association only) (Unlike the broad arbitration clauses discussed above, pursuant to which all disputes merely touching]
matters must be referred to arbitration, the arbitration clause in the instant case provides only that any dispute between a Member and another Member over whether the Member is offering a license under its Essential Patent(s) on fair, reasonable and non-discriminatory terms and conditions within the context of the provision of 16(4) shall be [arbitrated].).
Solutions to patent hold-up beyond FRAND: an SOS to SSOs
Futuros sobre tes tasa fija en pesos, producto derivado en el mercado de capitales colombiano
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