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.Results suggest that the number of misclassification provisions in a company's form contract is generally predictive of its estimated …-of-sample data.Results tentatively support the hypothesis that the presence of certain contract provisions can signal greater …
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This article considers the extent to which flexibility in the drafting of arbitration agreements will be recognized and … enforced at the arbitration proceedings by arbitral tribunals or by state courts. This article focuses on the issues raised by … the interpretation and the enforcement of commonly adopted arbitration clauses known as hybrid clauses (which either …
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thereby assume these risks. In this paper, it is argued that a statutory controlling mechanism, such as Unfair Contract Terms …
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Contracts serve an important function: allocation of risks. In achieving this function, contractual parties routinely include a force majeure clause in their contracts to be excused from performance in the face of a supervening event. But what events qualify to excuse performance and how have...
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Blockchain technology and its various applications have been gaining momentum rapidly in recent years. With the ability to disrupt whole industries and multi-national corporations, regulators have become aware of its potential as much as being wary of its inherent risks. This article seeks to...
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The Coase Theorem is analyzed in a setting in which pollution damages are a stochastic function of emissions and of natural environmental variability (e.g., weather). When pollution damages are stochastic, emissions create financial risks. Pollution levels allowed under Coasean contracts then in...
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