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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
approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …
Persistent link: https://www.econbiz.de/10011821957
In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...
Persistent link: https://www.econbiz.de/10013239831
While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration … the confidential nature of arbitration proceedings. The problem with anecdotes is that it is difficult to evaluate whether … typically conducted, and the common techniques adopted in facilitating settlement. At a time when arbitration has become too …
Persistent link: https://www.econbiz.de/10013033797
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
Persistent link: https://www.econbiz.de/10012967047
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067
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
Online dispute resolution systems can be effective in a way that courts, mostly, cannot, because they operate on much smaller costs. When connected to self-enforcement mechanisms, ODR systems could create a global law without a state, a whole new, independent and transnational legal order: the...
Persistent link: https://www.econbiz.de/10014058663
. Alternative dispute resolution methods except arbitration are often not effective enough, because they produce case outcomes that … is unlikely to become enforceable. Arbitration could provide this effectiveness, because the recourse to courts is only … minimal and therefore much less expensive. But from this legal effectiveness follow other difficulties. Arbitration requires …
Persistent link: https://www.econbiz.de/10014058671