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Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages...
Persistent link: https://www.econbiz.de/10011343069
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
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When drafting an agreement between a client and its Chinese counterparty, one of the central questions is how conflicts shall be resolved that may arise out of the agreement. Based on the skepticism about the Chinese judicial system, concerns about local protectionism, and the inability to...
Persistent link: https://www.econbiz.de/10013086240
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In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
International Arbitration in Korea provides a comprehensive introduction to more than 140 arbitral cases and commentaries in Korea and introduces the arbitration community to the jurisprudence and scholarship of this under-appreciated but well developed jurisdiction. The book encompasses all the...
Persistent link: https://www.econbiz.de/10012957427
This article examines the arbitration clause under the standard Time Charter NYPE 93 Form. Despite its widespread adoption in the brokering of international chartering agreements, the form's failure to require a definitive choice of arbitral seat brings about practical difficulties in...
Persistent link: https://www.econbiz.de/10012891229
Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally...
Persistent link: https://www.econbiz.de/10012897810