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The Arbitrator's Jurisdiction at Risk: The Case of Hybrid and Asymmetrical Arbitration Agreements

Authors: Jane Willems;

The Arbitrator's Jurisdiction at Risk: The Case of Hybrid and Asymmetrical Arbitration Agreements

Abstract

This article considers the extent to which flexibility in the drafting of arbitration agreements will be recognized and enforced at the arbitration proceedings by arbitral tribunals or by state courts. This article focuses on the issues raised by the interpretation and the enforcement of commonly adopted arbitration clauses known as hybrid clauses (which either amalgamate features of institutional arbitration with ad-hoc arbitration or provide for chosen institutions to administer arbitration by another institution’s rules, or a fusion of the two) and asymmetrical arbitration clauses (which grant one or both parties to the agreement the option to arbitrate in one of a number of chosen fora or either arbitrate or litigate)

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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