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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
This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …
Persistent link: https://www.econbiz.de/10014182278
Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in …
Persistent link: https://www.econbiz.de/10014102393
Persistent link: https://www.econbiz.de/10013035262
Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can adopt an arbitration clause …. Our results contrast with existing literature, which does not distinguish between contracts, where arbitration clauses are … litigation tax, might increase litigation in contracts. Finally, we note that arbitration clauses are akin to making a contract …
Persistent link: https://www.econbiz.de/10014026344
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
sovereign prerogative of revenue raising, the practice proves very much to the contrary. Arbitration of tax-related disputes … proves very much a reality despite doctrinal objections. The amenability of such disputes to arbitration remains highly fact …-intensive, with no hard-and-fast rule prohibiting all tax arbitration per se, while some controversies stay out-of-bounds for …
Persistent link: https://www.econbiz.de/10012949850
deemed a localized, industry-specific practice. The "new" or "mass arbitration" only mildly resembles the traditional system … who were relatively equal in bargaining power and knowledge, these systems for mass arbitration lack a freely entered … bargain and resemble more closely, contracts of adhesion. Privatized arbitration resolves issues of both statutory and …
Persistent link: https://www.econbiz.de/10014217327
unconditional positive. And in the context of investment arbitration, there are reasons why we may believe that the conditions for … consistency to be a good thing are actually not met: in investment arbitration the pursuit of consistency may well do more harm …
Persistent link: https://www.econbiz.de/10012905223
Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....
Persistent link: https://www.econbiz.de/10012844339