Crucially, the Investment Treaty contained an
arbitration clause, which stated that in the event of an unresolvable dispute between an 'investor' under the Treaty and the host country, the dispute could be referred to ICSID for resolution (there was also an ICSID
arbitration clause in the Agreement).
BANKING AND CREDIT NEWS-June 11, 2019--Kamala Harris criticises JPMorgan for forced
arbitration clauseM2 EQUITYBITES-June 11, 2019--Kamala Harris criticises JPMorgan for forced
arbitration clauseGlobal Banking News-June 11, 2019--Kamala Harris criticises JPMorgan for forced
arbitration clauseA group of insurance policy purchasers and rival insurance agents who are suing a gaggle of big insurance companies for allegedly failing to train and supervise an insurance broker who committed fraud will not be bound by a mandatory
arbitration clause in the contract between the brokerage and the insurance companies whose policies they sold, the South Carolina Supreme Court has ruled.
'Thus, even if the loan agreements with China do not contain the waiver-of-immunity provision, the
arbitration clause in the accords already imply a waiver of immunity from suit,' Agabin added.
Jurisdictions are divided over whether courts or arbitrators should perform a task known as "clause construction"--determining whether an
arbitration clause that does not mention class actions permits such procedures.
An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the
arbitration clause is not susceptible of an interpretation that covers the asserted dispute.
Where the plaintiff university brought suit over a lease of land to the defendant, the litigation must be stayed, as the dispute is within the scope of the lease's
arbitration clause.
"Defendants moved to dismiss and compel arbitration, citing the 2017 Agreement's
arbitration clause.
An arbitrator must interpret the
arbitration clause in the parties' contract and determine whether it is impossible to conduct arbitration within the clause's terms.
arbitration clause - a clause in a contract providing for arbitration of disputes arising under the contract