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Many common law provinces maintain separate frameworks for domestic arbitration agreements and international commercial arbitration agreements (e.g. Ontario's Arbitration Act [222] and International Commercial Arbitration Act [223]). In such cases, the latter usually implements the UNCITRAL Model Law on International Commercial Arbitration.
The Court of Appeal for Ontario reversed the motion judge's decision, holding that the contract which purported to require arbitration was unconscionable. [2] According to Peter Quon, the Court of Appeal's decision was the first in which a Canadian court had found an arbitration clause unconscionable. [5]
The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended). [2] The model law was published in English and in French. Translations in all six United Nations languages now exist. [3]
The Korean Arbitration Act is the main law governing arbitration in the Republic of Korea. The official body which resolves disputes via arbitration is the Korean Commercial Arbitration Board. Legal professionals and corporations, in Korea, are increasingly preferring arbitration to litigation. [34]
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
The U.S. is a signatory to international conventions regulating the enforcement of arbitration awards, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards [68] [69] (often referred to as the "New York Convention"), and the Inter-American Convention on International Commercial Arbitration, 14 I.L.M. 336 (1975 ...
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
She is a member of several institutional panels including those of the American Arbitration Association (AAA), Australian Centre for International Commercial Arbitration (ACICA), Asian International Arbitration Centre (AIAC), British Virgin Islands International Arbitration Centre (BVI IAC),Chartered Institute of Arbitrators (CIArb ...