International arbitration

Is Mediating Prenups a Form of Marital Mediation? Connecticut marital mediation may cover a wide range of disputes that arise before, during, or after a marriage. For example, marital mediation may be scheduled to resolve child custody issues or property division disagreements. During mediation in Connecticut, the parties meet with a third party neutral, called a mediator. The mediator helps the parties create their own settlement agreement to finalize their case. The mediator is not a…

The order finds its foundation in the judicially innovative response to Mareva Compania Naviera SA v International Bulk Carriers SA, wherein the judiciary sought to put a stop to defeat claims by disposing of assets through increasingly sophisticated and complicated schemes. In Australia, the jurisdiction to grant the order is found in the inherent power of the court to prevent frustration of abuse of process, in statutory provisions including s 23 of the Federal Court of Australia Act 1976…

The Appropriate court for this lawsuit will depend on several factors. The three important considerations include: 1) Personal jurisdiction is the courts power to render a decision affecting rights of a person. 2) Subject matter jurisdiction will determine which court system, state or federal courts, will hear this case. 3) What minimal contact are or are not established. In this case, the subject matter was presented to the State of New York court system. Providing long arm statutes with…

When people think of compromise, they normally think of an agreement. In this agreement, the two parties usually have to give up some interest and move toward a middle ground. “The Compromise of 1850 was an attempt to try and find a middle ground on many of the issues that were affecting the United States” (Compromise of 1850). “The main principle of the compromise was to address the growing issues of slavery and possibly avoid a Civil War in the United States” (Urofsky). Sometimes, however,…

“no valid agreement to arbitrate exist[ed] in the case” (Basulto v. Hialeah, 2014). The court argued that each of the three arbitration clauses, called for different dispute resolutions, which were contradictory to each other. One arbitration clause called for dispute by jury waiver, while another called for arbitration by a single arbitrator, and yet another required arbitration by a panel of three arbitrators. Furthermore, the court stated, “there was no meeting of the minds with respect to…

Civil litigation is the process of taking legal action against something. It starts with the Plaintiff bringing forth legal action against the Defendant. From this point, the Defendant has to respond to the Plaintiffs actions within a certain time period. Once the Defendant does respond, they can admit to it to a portion or none of the lawsuit at that time. Although if the Defendant does not respond within the time period, then the courts will step in and make a judgment on the case. Once the…

understanding of arbitration through a contractual standpoint. Contractual is defined as a lawful association or linkage between contracting parties through a proposal, agreement of the proposal, and a legal deliberation. But it is very important to know that just because you have a contractual association, does not mean that the contract will be enforced. With this case, involving the freedom of contracting parties to alter the face of the arbitration process. The gravitational force of…

Employers seeking alternatives to jury trials have traditionally looked to arbitration agreements. It is clear from my research the that Federal Courts will not permit states to constrict arbitration, and they will enforce arbitration agreements in all but the rarest circumstances, no matter how much advantage they give to the stronger parties. I agree with the legal trend that is visible in state and federal case law, to the extent that it has grown tremendously since the FAA was enacted, but I…

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Uplifted Enterprises, and/or any involved third party relating to your account, Your Use (defined at here), your relationship with Uplifted Enterprises, or these Terms of Use and Conditions of Purchase. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Uplifted Enterprises or any…

federal arbitration act it has made the approach for arbitration when it comes to making entities or a major corporation be accountable for trying to manipulate the consumer into doing things that are either burdensome or just outright cruel. The issues that present themselves in the case where it is to be determined if a contract law found under the state of California will preempt a clause found within the federal arbitration act as to if they will include the enforcement of arbitration…