The following contribution to our arbitration symposium is by Thomas Carbonneau, the Orlando Distinguished Professor and Faculty Director Arbitration Institute, Penn State Law. Professor Carbonneau ...
The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the ...
Entanglement or non-separability constitutes a cornerstone of quantum mechanics from which many of its unique characteristics arise. For example, non-separability in entangled particle pairs leads to ...
Most parties to commercial and investment disputes that are referred to arbitration have been known to argue that there is no agreement to arbitrate because the agreement containing the arbitration ...
The decision in this case will clarify the conceptual separability test and could offer broader protection for useful articles. Varsity Brands sued Star Athletica in the US District Court for the ...