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Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”

SCOTUSBlog

Sundance had included in Morgan’s job application an arbitration clause, which meant that the company could have immediately sought to put the litigation on hold, and to require Morgan to resolve her case through individual arbitration. This case mainly involves two sections of the Federal Arbitration Act.

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Is turnabout fair play under the Federal Arbitration Act?

SCOTUSBlog

But what happens if a party begins to litigate a case, and then seeks to compel arbitration several months later? The third factor was the main source of disagreement between the district and appellate courts; whether it was proper for the courts to take this factor into account at all is the main issue before the Supreme Court.

Contract 104
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Epic’s Fight to #freefortnite: Challenging Exclusive Foreign Choice of Court Agreements under Australian Law

Conflict of Laws

5] They discerned this policy from various statutory provisions in Australia’s competition law as well as other public policy considerations. [6] 12] This includes the situation ‘where the party commencing proceedings in the face of an exclusive jurisdiction clause seeks to take advantage of what is or may be a mandatory law of the forum’. [13]

Laws 98
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2024: Abstracts

Conflict of Laws

The article explains the background to the legislative reform and analyzes the procedural framework for jurisdiction and commencement of proceedings, with a focus on cross-border litigation. Hoffmann: New developments regarding the relationship between main and secondary insolvency proceedings in European insolvency law?

Divorce 59
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2024: Abstracts

Conflict of Laws

Hau: Litigation capacity of non-resident and/or foreign parties in German civil proceedings: current law and reform This article deals with the litigation capacity (Prozessfähigkeit) of non-resident and/or foreign parties in German civil proceedings, both de lege lata and de lege ferenda. 1 Rome I Regulation.

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Insights and Future Directions of PIL Based on the 2024 Online Summer Courses at The Hague Academy of International Law

Conflict of Laws

The inaugural lecture was presented by Lord Lawrence Collins of Mapesbury (Former Justice at the United Kingdom Supreme Court) on the “Use and Abuse of Comity in International Litigation”. 2] The scholar Alex Mills has frequently published on the blurry distinction between public international law and private international law. [3]

Laws 59
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Who is bound by Choice of Court Agreements in Bills of Lading?

Conflict of Laws

Effectively, this is a context specific harmonised approach to developing substantive contract law rules to regulate the effectiveness of choice of court agreements. In practical terms, the application of the choice of law rule in Article 25(1) would have led to a similar outcome.

Court 59