Showing 1 - 10 of 318
and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …
Persistent link: https://www.econbiz.de/10013052272
How should legal disputes be allocated between litigation and arbitration? Given strong incentives for many actors to … arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In "Re …-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public …
Persistent link: https://www.econbiz.de/10012920583
remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial … decisions involving application of federal or state arbitration statutes to processes that are to one degree or another … different from quot;classicquot; arbitration, or to the interface between arbitration and earlier stages in multi-step dispute …
Persistent link: https://www.econbiz.de/10012755345
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
Preliminary injunctions (PIs) are important in litigation in many settings, including antitrust, copyright, patent, trademark, employment and labor relations, and contracts. The filing of a PI and the court's ruling generate information that can impact settlement. We find that some plaintiffs...
Persistent link: https://www.econbiz.de/10013117008
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
In this article, we ask the basic question: Is it necessarily the case that allowing or promoting settlement of lawsuits enhances social welfare? Our answer is not necessarily; there are circumstances where actually prohibiting settlement generates more social welfare than allowing it....
Persistent link: https://www.econbiz.de/10013147656
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