Slide city in the Arbitration Agreement effortlessly

Aug 6th, 2022
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How to Slide city in the Arbitration Agreement

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[Music] good afternoon everyone welcome to this webinar presentation by the beverly hills bar association battling arbitration clauses tips traps and latest developments todays presentation was organized by our litigation and entertainment sections it is being sponsored thanks to adr services inc my name is rudy lehrer im a member of the litigation executive committee my co-chair is john valdivia of pierce law group hes a member of the entertainment law section uh before we begin one quick plug for the litigation committee headed by brian bergman id like everybody to please mark your calendars for june 23rd for the second installment of war stories this is a new webinar series organized by alexander rufus isaacs it will be featuring patty glazer whos a phenomenal attorney and miss glazer will be speaking on her experience with the boxing helena tribe its not to be missed um now let let me introduce our stellar panel and speakers today our first speaker is adam wolfson of quinn em

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International arbitration is the preferred method of resolving cross-border disputes, with London, Singapore, Hong Kong, Paris and Geneva topping the list as the most preferred seats for arbitration.
The place of arbitration is of particular importance for the enforcement of an UNCITRAL award. The law of the place of arbitration will also determine the procedural framework of an arbitration and define the extent to which local courts can intervene in the arbitral proceedings.
The place of arbitration is important for the enforcement of the award. It must be in a State that is party to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) (Article 19 of the Arbitration (Additional Facility) Rules).
More importantly, the seat of the arbitration will be the place where the award is deemed to have been made. Therefore, the law of the seat will determine the grounds on which an award can be challenged before the local courts.
The place of arbitration is of particular importance for the enforcement of an UNCITRAL award. The law of the place of arbitration will also determine the procedural framework of an arbitration and define the extent to which local courts can intervene in the arbitral proceedings.
Many, if not most, arbitration agreements identify where the parties arbitration will be held. Identification of arbitral venue is usually found in the same provision of the agreement that identifies the administering authority (if any) of the arbitration and the rules to be employed for conducting the arbitration.
Arbitration is the most formal alternative to litigation. In this process, the disputing parties present their case to a neutral third party, who renders a decision. Arbitration is widely used to resolve disputes in both the private and public sector.
For international arbitrations seated in England Wales, the typical seat of arbitration selected by the parties or the court is London. There is no requirement under English law that procedural and evidential hearings physically take place at the seat of arbitration.
The place of arbitration is important for the enforcement of the award. It must be in a State that is party to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) (Article 19 of the Arbitration (Additional Facility) Rules).
The Federal Arbitration Act provides that the enforceability of an arbitration agreement, is determined using generally applicable contract defenses, such as fraud, duress, or unconscionability. Under California law, a contract signed under economic duress may be rescinded.

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