Assertion of Laws as to Substance of Arbitration Agreement

Assertion of Laws as to Substance of Arbitration Agreement

Assertion of Laws as to the Substance of an Arbitration Agreement[1]   Introduction   The fundamental ‘Legal Theory of the Arbitration Process’ is that Arbitration derives its existence and validity in Law from “The will and consent of the parties litigant. Its fundamental legal assumption is that it is an allowable extension of the sphere of contract. However, an arbitration...

Read More

Arbitration: Definition and Process

There were attempts to define Arbitration universally except that with different national legal systems, there are multi arbitration processes and multi different ways of applying it subject to the different jurisdictions. However the core definitive principles that are necessary to be found in almost all arbitration agreements are: the arbitration agreement itself for without it we do not have...

Read More

Banking and Financial Arbitration, Quo Vadis

A. Introduction In view of the many failings in the financial markets, mostly banking generated transactions (financial instruments and securities products), questions may be asked: are the established 20th century dispute resolution bodies, including local courts and international organisations, up to the task of managing corporate as well as individual financial dispute...

Read More