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The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid …, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed …
Persistent link: https://www.econbiz.de/10013238106
Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation …'s history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is … subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider …
Persistent link: https://www.econbiz.de/10014213117
In this article, we consider whether arbitration clauses are likely to result in the extinction of the class action. In … nonseverability provisions, which provide that if the class arbitration waiver is held unenforceable the entire arbitration clause … should be stricken. As a result, the recent court decisions invalidating class arbitration waivers will result in the …
Persistent link: https://www.econbiz.de/10013122942
arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …-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 …
Persistent link: https://www.econbiz.de/10012838053
This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data on within-trial actions and motivations by plaintiff, defendant and the courts. Using a new dataset covering about 80% of all patent litigation cases in Germany between 2000 and...
Persistent link: https://www.econbiz.de/10013036139
This paper analyzes deterrence, settlement, and litigation spending under two alternative procedural regimes, i.e., the adversarial versus inquisitorial systems. We present a general litigation model with three sequential stages---care, settlement, and litigation stages---and we test the...
Persistent link: https://www.econbiz.de/10013214493
A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement is juxtaposed to trial or some other method of dispute resolution in which a third-party factfinder ultimately picks a winner and announces a score. The “trial versus...
Persistent link: https://www.econbiz.de/10011578655
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. The opportunity for contingent contracting decreases the settlement rate and increases the...
Persistent link: https://www.econbiz.de/10011578658
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a … international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent … program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration …
Persistent link: https://www.econbiz.de/10014204422