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the federal securities laws and derivative suits. Recent Supreme Court decisions however that favor mandatory arbitration … fraud claims as single party arbitration. The article discusses how this would seriously imperil needed remedies to combat …
Persistent link: https://www.econbiz.de/10013107162
individual arbitration. This paper explores the tension between the pro-arbitration stance of the Supreme Court and the pro …-employee stance of the National Labor Relations Board. The NLRB maintains that individual arbitration agreements violate Section 7 of … conflicts with the text of the Federal Arbitration Act, which requires courts to enforce arbitration agreements according to …
Persistent link: https://www.econbiz.de/10012836951
arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to … judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is …
Persistent link: https://www.econbiz.de/10012838053
commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid …, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed …
Persistent link: https://www.econbiz.de/10013238106
Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...
Persistent link: https://www.econbiz.de/10013289178
Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation …'s history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is … subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider …
Persistent link: https://www.econbiz.de/10014213117
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
been that arbitration is generally to be preferred to in-court litigation due to several factors including practical and … court-related considerations. This article critically compares how China’s national arbitration commissions and specialized …
Persistent link: https://www.econbiz.de/10014166728