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-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 … arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …
Persistent link: https://www.econbiz.de/10012838053
Settlements among parties are usually regarded as an efficient solution to a judicial dispute. However, frequent settlements between the rich and the poor can also mean unequal access to justice. We develop a model of settlements that takes wealth disparity of the parties into account, as the...
Persistent link: https://www.econbiz.de/10012832055
Wathelet's Opinion brought once again the complex interface between competition law, arbitration and public policy to the fore … literature on the relationship between competition law, arbitration and public policy has been essentially authored by … arbitration experts or at least academics or practitioners whose primary area of expertise lies in arbitration. As a result, the …
Persistent link: https://www.econbiz.de/10012990808
Using the pending Daiichi Sankyo case as a point of reference, this article examines whether EU exclusive competence under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the implications for patent protection in the EU. It...
Persistent link: https://www.econbiz.de/10014167785
Consistency is a legal requirement that is imposed by the Court of Justice on national claims to an objective justification of barriers to free movement that are based on public policy. As this requirement is seemingly used more frequently, it may be developing into a principle of EU law as...
Persistent link: https://www.econbiz.de/10013229945
Economic analysis has contributed to a better understanding and a better functioning of law at different levels of generality. As far as legal reasoning is concerned, these contributions fall into two large groups. Economics in legal reasoning concerns arguments about the purposes and...
Persistent link: https://www.econbiz.de/10012857778
the dispute subject to arbitration raises issues under the other competition provisions of the TFEU, i.e., Articles 106 to … CDC Case, the question has arisen as to whether arbitration is a suitable method to settle claims for damages arising from … breaches of competition law made by one of the parties to a contract containing an arbitration clause. We discuss AG Jääskinen …
Persistent link: https://www.econbiz.de/10012981393
This article revisits the antitrust treatment of unilateral conduct in Standard Essential Patent (SEP) disputes in EU, with particular focus on the landmark CJEU judgment in Huawei v ZTE and the way it has affected subsequent developments before national courts. It illustrates that while the...
Persistent link: https://www.econbiz.de/10012950033
We compare two processes for society to review projects: one that is entirely based upon the initiative of interested parties, and one that first submits projects to a nonpartisan and mandatory review. In the first case, the default outcome is approval and projects are carried out without prior...
Persistent link: https://www.econbiz.de/10014191145
This report analyses 83 key judgments of the highest administrative court for energy cases in the Netherlands - the Appeals Tribunal for Trade and Industry (hereafter: CBB) - to examine how the CBB has lived up to the EU law principle of effective legal protection in practice in the energy...
Persistent link: https://www.econbiz.de/10014142549