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Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...
Persistent link: https://www.econbiz.de/10012844239
enforceability of orders of interim measures of protection passed by the arbitral tribunal under Section 17 of the Arbitration and … retained a virtually identical provision in Section 27(5), that too under the heading “Court assistance in taking evidence … Section 17. The paper concludes by arguing that the changes made in Section 17 by the Arbitration and Conciliation (Amendment …
Persistent link: https://www.econbiz.de/10012988066
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
antitrust enforcement in the United States by replacing it with ineffective forms of arbitration. The Court's logic that the … arbitration provisions must benefit buyers ignores the fact that buyers have collective action problems that are what justify …
Persistent link: https://www.econbiz.de/10013005333
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
The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions … enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context … arbitration provisions …
Persistent link: https://www.econbiz.de/10014214517
model in which courts grant injunctions only when they have sufficient evidence that the prospective licensee is unwilling …
Persistent link: https://www.econbiz.de/10010316782
The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span …
Persistent link: https://www.econbiz.de/10011317657
model in which courts grant injunctions only when they have sufficient evidence that the prospective licensee is unwilling …
Persistent link: https://www.econbiz.de/10009712485