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Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...
Persistent link: https://www.econbiz.de/10013000492
Persistent link: https://www.econbiz.de/10012869655
Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity — called a “third-party funder” — could be a bank, hedge fund, insurance company, or some other entity or individual that...
Persistent link: https://www.econbiz.de/10013006078
Basic economic analysis of litigation funding shows that risk neutral plaintiffs without budget constraints will not accept funding unless they are pessimistic relative to the funder. Risk aversion makes a plaintiff who shares probabilistic beliefs with the funder act observationally equivalent...
Persistent link: https://www.econbiz.de/10012853071
In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New...
Persistent link: https://www.econbiz.de/10013025103
The Supreme Court's 2012-2013 Term likely will be remembered best for the Justices' landmark ruling in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act, and for the jurisdictional ruling in Hollingsworth v. Perry that helped to reopen the door for same-sex...
Persistent link: https://www.econbiz.de/10013077403
Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than litigation. The reason for this development could be attributed among other things, to the craving need to get speedy and substantial justice without being hampered by the legal...
Persistent link: https://www.econbiz.de/10012754052
The Texas Supreme Court recently held that a claim of civil conspiracy is a derivative tort that shares the statute of limitations of the underlying tort. Agar Corp., Inc. v. Electro Circuits Int'l, LLC, No. 17-0630, 2019 WL 1495211 (Tex., April 5, 2019, motion for rehearing denied Sep. 6,...
Persistent link: https://www.econbiz.de/10012863490
This article reports the results of a study that uses social network analysis to compare the persuasiveness of legal precedents in the diffusion of the strict liability rule for manufacturing defects. This new study tests which legal precedents were most influential and also whether certain...
Persistent link: https://www.econbiz.de/10014205979