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The Trans-Atlantic Trade and Investment Partnership has been creating expectations and stirring fears ever since it was announced by EU Commission President Barroso and US President Obama in mid-2013. The promise to boost trans-Atlantic economic exchange in the world's largest free-trade area...
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This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The term “East” refers generally to certain prominent Asian jurisdictions (e.g., China, Hong Kong, Singapore, Japan and Korea); while the “West” represents some of the major...
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This paper uses empirical evidence from real-life international arbitration awards to determine whether and to what extent international arbitrators rely on comparative law methodology (CLM) to reach or to explain their decisions. We do not advance a new theory or CLM method. Instead, this paper...
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Amended final-offer arbitration (AFOA) has been developed as an attractive alternative mechanism to final-offer arbitration (FOA). Under AFOA, more reasonable offers win, but the outcome is determined by the loser's offer and the arbitrator's value. In AFOA, disputants making extreme offers are...
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