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This book chapter provides an analysis of the current arbitration legislation and practice in Romania, with regard to … for challenges. The chapter addresses both domestic and international arbitration, with focus mainly on ad hoc arbitration …
Persistent link: https://www.econbiz.de/10012902998
Increasingly, arbitrators are the collateral victims of attacks by a party on the award and the arbitration itself … pending challenge may automatically stay the arbitration until it is resolved by a state court, preventing the tribunal from …, Stockholm, and most recently in New York and France - hardly exotic venues hostile to international arbitration. In short …
Persistent link: https://www.econbiz.de/10012922558
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
There has been a pervasive failure by investment tribunals to grasp the singularly compensatory nature of moral damages awarded to investors. Critically, this failure to distinguish moral damages from other forms of reparation such as satisfaction and restitution, never mind punitive damages,...
Persistent link: https://www.econbiz.de/10013064740
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Tax gross-up claims are increasingly common in investment treaty arbitration. And despite the fact that they may reach …
Persistent link: https://www.econbiz.de/10012825905
Review of substantive legal principles and economic interests of parties to complex insurance dispute that need to be addressed in reaching out-of-court resolution. Also includes detailed discussion of actual deal points that should be addressed
Persistent link: https://www.econbiz.de/10013053207
In international investment arbitration, damages are the primary remedy to provide full reparation for an injury caused … investment arbitration. Some tribunals overemphasize loss and neglect wrong inadvertently farming out legal questions to … conceives of the entire investment arbitration as an integrated exercise to assess damage. From the notice of arbitration to the …
Persistent link: https://www.econbiz.de/10013027535
arbitration on one hand and consumer disputes on the other hand, ADR has been introduced also to the area of medical malpractice … that ADR methods such as early apology, mediation or arbitration are very rational from an economic perspective for the …
Persistent link: https://www.econbiz.de/10012914802