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An Arbitrator’s Power May Be Greater Than That of a Judge

Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although an arbitration agreement can be written (double-spaced) on one side of a...more

6/8/2018 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Commercial Contracts , Federal Arbitration Act , Injunctive Relief , Intellectual Property Litigation

Arbitrability Basics: An Illustration of the “Autonomy” Principle

Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract? Almost. One must always bear in mind the “separability” or “independence”...more

3/26/2018 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Financial Services Industry , Jurisdiction

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

3/27/2017 / Arbitration , Australia , Canada , India , International Arbitration , Mandatory Arbitration , Singapore , UK

When An Arbitration Clause Sounds Permissive But Is Not — Does “May” Really Mean “Must”?

Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not...more

1/13/2017 / Arbitration , Arbitration Agreements , Binding Arbitration , Federal Arbitration Act , Mandatory Arbitration Clauses

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