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Discovery in a Screening Model of Final Offer Arbitration

Farmer, Amy - 2020

analyze costly discovery. Our results are compared to conventional arbitration (CA) which may viewed as a litigation model …

Persistent link: https://www.econbiz.de/10012833468

Running it Twice (or Thrice) : Double-Header and Triple-Header Baseball Arbitration

Hasday, Michael - 2020

Major League Baseball (MLB) uses final offer arbitration (FOA) to set the salaries of certain players. In FOA, the team and the player each submits a proposed salary number, and the arbitrator (in MLB's case, a panel of three arbitrators) is required to select one of the numbers as the award....

Persistent link: https://www.econbiz.de/10012838009

Costs Allocation Under the Amended Indian Arbitration Law : A Critique

Srinivasan, Badrinath - 2017

Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...

Persistent link: https://www.econbiz.de/10012955900

Consumer Arbitration Clause Enforcement : A Balanced Legislative Response

McGill, Shelley - 2017

This article briefly reviews the roots of domestic arbitration policy and the corresponding development of consumer protection policy. It asserts that international arbitration policy was always intended to be tempered by consumer protection principles. Next, the article summarizes the Canadian...

Persistent link: https://www.econbiz.de/10012960610

The Origins of Argentina's Litigation and Arbitration Saga, 2002-2016

Porzecanski, Arturo C. - 2019

The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant … scale of Argentina-related litigation activity might be explained by the sheer size of the government's 2001 default, the …'s litigation and arbitration saga during 2002-2014 …

Persistent link: https://www.econbiz.de/10012904301

The Path of Investor-State Disputes : From Compensation Commissions to Arbitral Institutions

Kryvoi, Yarik - 2019

Persistent link: https://www.econbiz.de/10012896778

Predicting Outcomes in Investment Treaty Arbitration

Franck, Susan D. - 2016

Persistent link: https://www.econbiz.de/10013005072

Is the End Nigh Again? An Empirical Assessment of the 'Judicialization' of International Arbitration

Gerbay, Remy - 2015

The central questions that this article addresses are: Has there been a significant judicialization of international arbitration in recent years? And is this judicialization really a sign of a loss of attraction for international arbitration? For these purposes, conventional assumptions about...

Persistent link: https://www.econbiz.de/10013016007

Transnational Access to Court for Commercial Claims : The Shortcomings of International Commercial Arbitration and Litigation

Hoffmann, Hermann - 2014

.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to … global enforceability of arbitral awards because of the New York Convention, International Litigation bears the risk that a … demonstrates how commercial litigation can learn from commercial arbitration and vice versa. First, it is defined what can be …

Persistent link: https://www.econbiz.de/10013046376

Arbitrability of Intellectual Property Rights Validity Disputes

Dhingra, Jayems - 2021

Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...

Persistent link: https://www.econbiz.de/10013231681