arbitrable

Similarly, courts in various jurisdictions have resisted allowing real property disputes to be arbitrable, on the basis that only the state can determine ownership and rights of real estate.

DHL Express (USA), Inc., (135) the California Court of Appeals found that the delegation clause itself is unconscionable under those circum stances, reasoning that "the arbitrator has a unique self-interest in deciding that a dispute is arbitrable." (136) Likewise, a federal district court in Washington held that delegation clauses are "contrary to fundamental notions of fairness and basic principles of contract formation." (137)

itself are arbitrable.") (quoting Mediterranean Enterprises, Inc.

Article 85 of the Decision to apply to the arbitration awards issued in a foreign country and such awards must be issued in an arbitrable matter according to the UAE Laws and be enforceable in the country where it was issued.

The question of whether competition disputes are arbitrable in this sense was the subject of extensive debate in the past.

Typically, a court would answer this question and determine these circumstances, just as it would answer what is arbitrable, because "[w]ho is actually bound by an arbitration agreement is a function of the intent of the parties, as expressed in the terms of the agreement." In making this determination, the Court of Appeals finds Contec Corporation v.

Supreme Court opinions speak of the "liberal federal policy favoring arbitration agreements," and insist that under federal law "any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration." (248) Supreme Court Justices support alternative dispute resolution even when mediation agreements practically compel persons to waive legal and constitutional rights.

(30) The FAA "reflects an emphatic federal policy in favor of arbitral dispute resolution." (31) In short, the federal policy favoring arbitration is: if a dispute is arbitrable, then it ought to be compelled to arbitration.

the Securities Act were arbitrable, even absent express consent.

In their discussions the esteemed speakers also touched upon Russia's recent reforms aimed at increasing the range of arbitrable disputes and tried to outline what fruit they would eventually bear.

In cases where a court cannot ascertain a clear legislative intent to confer a statutory right to a trial in court, such as in the case of Murphy v Amway Canada Corporation, (3) claims predominantly remain arbitrable.

To that end, the FAA adopts a clear pro-arbitration scheme, (28) which, by its very terms, binds judges' hands and mandates that they refer parties to the arbitral forum on any arbitrable matter as to which parties have signed a valid arbitration agreement.

is inconsistent with the traditional view that a collective agreement is a private contract between equal parties, and that the parties to the agreement are free to determine what does or does not constitute an arbitrable difference." (94) In acknowledging this, the Court articulated a more complex conception of both collective bargaining and arbitration: