Can the conduct of the parties after they have signed a commercial contract influence the interpretation of the arbitration agreement contained in that contract? If they take one position during the performance of the contract with respect to whether a dispute is arbitrable, can they be estopped from asserting to the contrary when a dispute [...]
Continue Reading →Can Someone Be Compelled To Arbitrate By Estoppel?
Posted by: Thomas Heintzman
5
Sep
The Limitation Period Quagmire Between Litigation and Arbitration
Posted by: Thomas Heintzman
6
Nov
The limitation period is a vexing issue to any party involved in a commercial dispute. This truism applies even more to construction disputes because there are a variety of events that may trigger the beginning of the limitation period. The limitation issue becomes even more vexing when the proceeding can be either: by way of [...]
Continue Reading →When Is An Arbitration An International Commercial Arbitration?
Posted by: Thomas Heintzman
18
Sep
Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an “international commercial arbitration” for the purposes of the UNCITRAL Model Rules, particularly if the arbitral agreement requires arbitration in a foreign location? And if it is, does the domestic court have any residual discretion to stay [...]
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