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Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
Unlike arbitration, not all of the evidence an expert considers must be presented at a hearing in the presence of the parties. [ 4 ] The practice itself is well established where complex legal institutions either have not developed, or are unavailable, such as tribal societies and criminal organisations.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution. In practice, arbitration ...
With only anecdotal evidence, it is difficult to know what percentages of contracts are in fact breached. It is probable that the statistics vary greatly over differing class, culture, wealth and type of transaction. [3] The reasons for a breach of contract are also varying, and ethical issues can emerge in some situations.
Evidence-based medical ethics [1] [2] is a form of medical ethics that uses knowledge from ethical principles, legal precedent, and evidence-based medicine to draw solutions to ethical dilemmas in the health care field. Sometimes this is also referred to as argument-based medical ethics. [3]
Arbitration in the United States is governed by the Federal Arbitration Act of 1925 (FAA, codified at 9 U.S.C. 1 et seq.), which requires courts to compel parties who agree to arbitration to participate in binding arbitration, the decision from which is binding upon the parties.
Ex aequo et bono (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art.In the context of arbitration, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. [1]
whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law; and; whether and to what extent there should be oral or written evidence or submissions. The Act also imposes a duty on the parties to "do all things necessary for the proper and expeditious conduct of the arbitral proceedings." [10]
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