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process for the resolution of securities disputes, and its willingness to enforce pre-dispute arbitration agreements under the … Arbitration Act …
Persistent link: https://www.econbiz.de/10013117529
investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of...
Persistent link: https://www.econbiz.de/10012842820
Today, humanity has passed the stage of trade by barter. The difficulties of the barter system led to the monetization of the economy. Goods and services are now measured in monetary terms, so that the presence of money-a unit of account, separated the act of buying from the act of selling, and...
Persistent link: https://www.econbiz.de/10012974839
"The Politics of Arbitration Law and Centrist Proposals for Reform", 53 Harvard J. on Legislation 711 (2016), explained … how issues surrounding consumer, and other adhesive, arbitration agreements became divisive along predictable political … Politics of Arbitration Law" did not argue the case for this centrist position. It left those arguments for two more articles …
Persistent link: https://www.econbiz.de/10012933075
The case law and literature to date have struggled to locate the rationale for the assignability of arbitration … be found in the “acceptance principle”. This principle indicates, first, that arbitration agreements which are not actual … burdens can be assigned, and second, that the assignability of arbitration agreements is grounded in the assignee’s acceptance …
Persistent link: https://www.econbiz.de/10013240086
Persistent link: https://www.econbiz.de/10012289528
The five contributions in this legal working paper discuss various aspects of investment arbitration. They were … originally presented at the ECB legal colloquium on ‘The new challenges raised by investment arbitration for the EU legal order …
Persistent link: https://www.econbiz.de/10012117944
When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...
Persistent link: https://www.econbiz.de/10011623186
An increasing number of courts, albeit still a minority, refuse to enforce nonmutual arbitration clauses (clauses that … arbitration of at least some of its own claims. This article challenges the view that nonmutual arbitration clauses necessarily … are unfair. Certainly to the extent market forces constrain business (mis)behavior, nonmutual arbitration clauses may make …
Persistent link: https://www.econbiz.de/10014089186