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This paper discusses possible strategies for developing countries in negotiations on trade in services in the ongoing WTO Doha Development Round (DR). The liberalization of service imports (including through direct investment) will generate benefits through higher quality, lower prices, and...
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International commercial arbitration has the potential to improve the expansion of world trade by decreasing some of the costs, and risks, of conducting business in the global economy. This report highlights interviews with a handpicked sample of 53 advocates and arbitrators from around the...
Persistent link: https://www.econbiz.de/10010925044
Lex mercatoria or Law Merchant (‘LM’) is said to be the self-made law of international commerce. According to its proponents, LM is an autonomous legal order that not only supplements state commercial law, but works as a substitute for it. The ‘ancient’ LM, which accompanied the...
Persistent link: https://www.econbiz.de/10011266015
The scope of provisional measures is to protect the rights of the parties which may be prejudiced during the arbitral procedure. The risk that important evidence may be lost or that the goods subjected to litigation may be alienated, which would make the execution difficult is particularly high,...
Persistent link: https://www.econbiz.de/10009321813
In a concise formula, lex mercatoria has been defined as being a category of international law, separate from any national legislation, and which stems from, and applies to international commercial transactions. Although the notion of lex mercatoria does not have a well-defined content it is...
Persistent link: https://www.econbiz.de/10009399354
The expenses necessary for the unfolding arbitral process are generally higher than those incurred by the parties in the case of proceedings before national courts, reason for which arbitration is considered a "luxury justice". This study aims to analyze the content of the concept of costs...
Persistent link: https://www.econbiz.de/10010757235
The institution of the international commercial arbitration is continuously expanding, preferred by the majority of the business parteners worldwide as a way of resolving their ongoing issues. Although arbitration is characterized by flexibility, certain fundamental principles which ought to be...
Persistent link: https://www.econbiz.de/10008774252