Tag: Arbitration

The Repeat Appointment Factor: Exploring Decision Patterns of Elite Investment Arbitrators

Daphna Kapeliuk - Radzyner School of Law

Scholarship on arbitral behavior and decision making has theorized that, as utility maximizers who wish to increase their chances of reappointment in future disputes, arbitrators will tend to satisfy both parties by rendering compromise awards.  Although empirical studies on arbitral behavior have focused on the arbitrators’ tendency to… Read More »

The Impact of West Tankers on Parties’ Choice of a Seat of Arbitration

Daniel Rainer

In Allianz SpA v. West Tankers Inc., the European Court of Justice (ECJ) deemed antisuit injunctions, a tool that English courts commonly employ to enforce arbitration agreements, incompatible with EU law.  As a result, English courts can no longer issue an antisuit injunction preventing a party—who is either ignoring or contesting… Read More »

The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law

Aaron-Andrew P. Bruhl - University of Houston Law Center

In a fairly short period of time, arbitration agreements have migrated beyond their traditional domains, such as commercial transactions between sophisticated business entities, and have come to pervade the contemporary economy. A typical consumer might have agreed, though not necessarily consciously, to arbitrate disputes with his or her credit card… Read More »