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Under its rules, the AAA may appoint an arbitrator in some circumstances, for example, where the parties cannot agree on an arbitrator or a party fails to exercise its right to appoint an arbitrator. In July 2009, the AAA stopped accepting consumer debt collection cases, after the National Arbitration Forum was forced to do so after questions ...
With specific regard to the New York Convention, at least one court discussed, but ultimately avoided, the issue of whether the treaty is self-executing. The court nonetheless held that the convention was, at the least, an implemented non-self-executing treaty that still had legal force as a treaty (as distinguished from an Act of Congress). [7]
One of the reasons for doing so is that, in international trade, it is often easier to enforce an arbitration award in a foreign country than it is to enforce a judgment of the court. Under the New York Convention 1958, an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to ...
Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63 (2010): A court must decide whether or not an arbitration clause is unconscionable, even if the contract unequivocally states that the arbitrator must make that decision. Granite Rock Co. v. Teamsters, 561 U.S. 287 (2010) AT&T Mobility LLC v.
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.
the two so appointed shall forthwith appoint a third arbitrator as the chairperson of the tribunal. If the tribunal is to consist of two arbitrators and an umpire: each party shall appoint one arbitrator not later than (for example) 14 days after service of a request in writing by either party to do so, and
The parties shall indicate their agreement on the appropriate submission agreement according to the claim amount. USADR shall appoint the arbitrator for small claims or mid-size claims or follow the arbitrator selection process identified in Rule A-9; the appointed arbitrator shall then utilize the specified rules for all subsequent matters.
The state of New York has a statute that directs New York courts not to dismiss a case on the grounds of forum non conveniens if the parties' contract provides that the agreed upon venue is a court in New York and if the transaction involved an amount more than $1 million. [18]