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resolving business disputes than arbitration. But the limited empirical evidence available does not show any significant move …The future of arbitration depends not only on arbitration but also on its competitors—the public courts, including … business courts. The creation of business courts incorporates some of the preferred characteristics of arbitration (in …
Persistent link: https://www.econbiz.de/10013122943
A question periodically arises in the context of both international and domestic commercial arbitration, as to whether … are party to an arbitration agreement their ex facie preference will be for a one-stop adjudication by way of arbitration …-signatories can be deemed to be party to the arbitration agreement, and the conditioning of stay orders …
Persistent link: https://www.econbiz.de/10013086050
When an arbitrator in an institutional arbitration is challenged for lacking independence or impartiality, most of the …, the London Court of International Arbitration has published digests of challenge decisions that have been sanitized, that …
Persistent link: https://www.econbiz.de/10013090588
investors, and, albeit based on more limited data, (c) the U.S. as a respondent state over other respondent states. The evidence … 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
alternative remedies with equivalent, or effect (part 1.9). Part 2 analyzes the same matters with respect to arbitration …
Persistent link: https://www.econbiz.de/10012844350
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 …
Persistent link: https://www.econbiz.de/10013225306
Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than … arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …
Persistent link: https://www.econbiz.de/10012754052
the standard of judicial review that any such labor arbitration decision would normally be subjected to. Under the FAA in … the context of commercial arbitration, this issue has generated a significant amount of scholarly debate by academic … Circuit opinion written by Judge Posner, the alteration of the standard of judicial review of labor arbitration awards in the …
Persistent link: https://www.econbiz.de/10014055586
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 …
Persistent link: https://www.econbiz.de/10014360286
Administrative and Civil cases. This result is confirmed by matching estimation and simulation exercises. There is evidence of …
Persistent link: https://www.econbiz.de/10011334453