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Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...
Persistent link: https://www.econbiz.de/10014357561
After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial decisions involving application of federal or state...
Persistent link: https://www.econbiz.de/10012755345
The role of entrepreneurship to promote the economic development of countries has been recognized in recent decades, mainly because of the transformations that countries have experienced the level of their economic, political, social and cultural environment.This article has as objective to...
Persistent link: https://www.econbiz.de/10012895589
In the past three decades, the world has witnessed the fast economic growth of Vietnam, which has become one of the most attractive destinations for foreign direct investment in the region. Vietnam has also actively participated in the world trading system since its successful accession to the...
Persistent link: https://www.econbiz.de/10012971594
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally includes two limbs: first, to hold parties to their...
Persistent link: https://www.econbiz.de/10013013617
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
Despite a longstanding strategy employed by labor unions of staying out of the handling of statutory employment claims, this article suggests a framework and a rationale for unions to embrace arbitration of race discrimination disputes by analyzing the results from two key 2010 Supreme Court...
Persistent link: https://www.econbiz.de/10013037240
This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is that the new rules offer nothing that isn't already available by judicial decree. While the effort to assist the arbitrator is laudable, no administrator can go...
Persistent link: https://www.econbiz.de/10012987767
A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor arbitration's basic procedural integrity, which...
Persistent link: https://www.econbiz.de/10013032247
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...
Persistent link: https://www.econbiz.de/10014360286