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The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Arbitration “took … postscript to development of public courts. The functions of arbitration as a private, flexible, effective, and independent … process fuelled its recognition. Arbitration has to guarantee legal certainty, predictability, and settlement being costless …
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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 …
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The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
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agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign …
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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...
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