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the federal securities laws and derivative suits. Recent Supreme Court decisions however that favor mandatory arbitration … fraud claims as single party arbitration. The article discusses how this would seriously imperil needed remedies to combat …
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In just over a decade, the international system for mandatory arbitration of domain name disputes has disposed of more … voluntary, and identifies the lessons that may be drawn from this experience for other arbitration systems …
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Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to … decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally …
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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 …
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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 …
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A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations …. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor … arbitration's basic procedural integrity, which includes impartial arbitrators who hear before deciding and respect both …
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This paper examines the role of experts from both a United Kingdom and North America perspective. The paper starts by pointing out the important role of expert evidence in assisting the tier of fact. The distinction between accountants as fact witnesses and as expert witnesses is identified. The...
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