Separability and the US Supreme Court decision in Buckeye v. Cardegna
Article Abstract:
The US Supreme Court on February 21, 2006 in the Buckeye Check Cashing Inc. v. Cardegna case concluded that the Florida Supreme Court infringed the Federal Arbitration Act when it refused to enforce an arbitral clause contained in a contract that was alleged to be void for breach of the Florida usury laws. The real value in the Court' decision is the reasonably clear statement of three different aspects of separability, and the causes and reasons for the distinct treatment of arbitration clauses within contracts in the USA and other major arbitration legal systems can be explored from these.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2006
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Limitation period for the enforcement of arbitral awards in Nigeria
Article Abstract:
A brief look at the steps that are imposed by Nigerian statutes for summary enforcement of arbitral wards in courts and the time limit they impose is discussed. Enforcement of arbitral awards is found to be of immense importance in the entire process of arbitration however this aspect seems to be in some confusion from both inconsistent legislation and judicial decisions. It is hoped that as arbitral practice in Nigeria continues to increase, the courts will clear up these inconsistencies through some legislative reform.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2006
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Using section 1782 in international arbitration
Article Abstract:
The article discusses a United States statute, 28 under section 1782 that deals with evidence regarding arbitration proceedings. Various statements on whether the use of section 1782 in international arbitration is a boon or a bad development for the field or arbitration are given.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
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