It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement clauses that are tailored to their individual preferences....

Why are NonDisclosure Agreements not simply a matter of providing for the liberty interests of the parties to enter into contracts that they choose to make with each other? As a start, we want to offer an analysis of a cornerstone of such contracts, the prescription of agreed damages commonly...

The Increasing Growth of Conclusion of Smart Contracts on Ethereum raises numerous intriguing Legal Questions in respect of such Smart Contracts. The latter could be categorized into two Main Categories: (I) Weak Smart Contracts & (II) Strong Smart Contracts. Weak Smart Contracts are Smart...

When a multinational corporation files for bankruptcy, which nation has jurisdiction over the proceedings and which nation's law applies? There is no clear international norm governing the issue, so parties and states are left to inefficient and unpredictable jockeying for authority and...

The authoritative tribunal for the settlement of banking and financial disputes in most jurisdictions is the civil law court. However, the practices of the civil law court are repugnant to Islamic Commercial law and its judges lack the appropriate knowledgeable. More so, the jurisdiction of the...

The Alternative Dispute Resolution procedure provides an amicable settlement mechanism with the assistance of independent or so-called neutral professionals to resolve conflicts between the contracting parties. Alternative dispute resolution has become increasingly relevant in today’s world,...

Blockchain-based distributed ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper evident alternative to conventional transactional modalities, one which also yields enhanced accountability, traceability, and transparency. The inherent benefits, and hence growing adoption...

This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil...

Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke the jurisdiction of otherwise competent courts. Nevertheless, arbitrators do hear cases involving entities and individuals that never signed an arbitration clause. In cross-border...