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Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to … a contract a flexible and efficient alternative to traditional court litigation, particularly in cross … law of the contract, the scope of the clause, and the willingness of parties to comply with the arbitral award. This paper …
Persistent link: https://www.econbiz.de/10014359668
Historically, legal disputes have been resolved either by litigation or by arbitration. Mediation (a form of ADR) is a … new way to settle commercial disputes. Litigation is quite unlike mediation, but some consider that arbitration is a form … of ADR and similar to mediation. In fact the two are fundamentally different. The purpose of this paper is to describe …
Persistent link: https://www.econbiz.de/10014193129
The aim of the project is to design and implement an independent mechanism for obtaining timely feedback from all participants involved in ADR processes regarding taxation disputes. Results will be collated and analysed in order to assess the effectiveness of current processes, and identify...
Persistent link: https://www.econbiz.de/10014130870
Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...
Persistent link: https://www.econbiz.de/10014102393
We conduct an experimental analysis of signaling games using three models of arbitration. In the signaling model, the … informed party in the dispute makes a settlement demand to the uninformed party. In conventional arbitration (CA), the … arbitrator is free to impose her preferred settlement. In Final Offer Arbitration (FOA), each party submits a proposal to the …
Persistent link: https://www.econbiz.de/10013297505
, and the mediation process. Fourth, we discuss arbitration, its benefits, and the enforcement of arbitration awards. Fifth …
Persistent link: https://www.econbiz.de/10014259548
Persistent link: https://www.econbiz.de/10014207802
The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial … arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the … position becomes complex when the question is regarding the separability of an arbitration agreement when the underlying …
Persistent link: https://www.econbiz.de/10014080995
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 … would cause parties to prefer arbitration over litigation.This study examines the validity of these theoretical claims …
Persistent link: https://www.econbiz.de/10012901126
of a Strong Smart Contract. Thus, we have to consider whether Strong Smart Arbitration Contracts are legally viable in … Contracts. First, we need to figure out whether there are Absolutely Irrevocable Agreements under Contract Law. If yes, then we … therefore arbitration would be normally the optimal dispute resolution mechanism for these disputes. Therefore, we need to …
Persistent link: https://www.econbiz.de/10012897262