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Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political … prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and … alternative is to try reforms that seek to make arbitration more closely resemble judging. Some common reforms that have been …
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Australia as a hub for dispute resolution in the Asia-Pacific region. Underlying both the domestic and international arbitration … regimes is the UNCITRAL Model Law It is universally accepted that the success of the new arbitration regime in Australia … process to confer exclusive jurisdiction under the International Arbitration Act 1974 (Cth) upon the Federal Court was not …
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in arbitration should balance sensitivity toward cost and delay against the parties' interest in due process and correct … decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to …
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Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
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