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The Globalization of Entrepreneurial Litigation : Law, Culture, and Incentives
Coffee, John C. - 2017
Entrepreneurial litigation is litigation in which the plaintiff's attorney functions as a risk-taking entrepreneur, financing, organizing, managing, and settling the litigation on behalf of numerous clients (who generally hold “negative value” claims), but with only modest oversight from the...
Persistent link: https://www.econbiz.de/10012967715
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Private Litigation in a Public Law Sphere : The Standard of Review in Investor-State Arbitrations
Burke-White, William W.; von Staden, Andreas - 2010
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new...
Persistent link: https://www.econbiz.de/10014204422
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Anti-suit Injunctions and Geopolitics in Transnational SEPs Litigation
Colangelo, Giuseppe; Torti, Valerio - 2021
Anti-suit injunctions (ASIs) have recently emerged as a phenomenon significantly affecting the dynamics of standard essential patent (SEP) litigation. The enhanced role played by these patents in the Internet of Things scenario and the willingness of national courts to set themselves up as...
Persistent link: https://www.econbiz.de/10013310983
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Law, finance, economic growth and welfare : why does legal origin matter?
Asongu, Simplice A. - 2011
This paper proposes and empirically validates four theories of why legal origin influences growth and welfare through finance. It is a natural extension of "Law and finance: why does legal origin matter?" by Thorsten Beck, Asli Demirgüç-Kunt and Ross Levine (2003). We find only partial support...
Persistent link: https://www.econbiz.de/10011410416
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Rescuing International Investment Arbitration : Introducing Derivative Actions, Class Actions, and Compulsory Joinder
D'Agostino, Joseph - 2017
problems result. Replacing the current claims doctrine with derivative doctrine (IIA forms of derivative actions, class actions … thus decrease the perceived unfairness and inconsistency of the current system. In addition, derivative doctrine would …. Adopting derivative doctrine could avert a future crisis, similar to the one currently threatening IIA, in international …
Persistent link: https://www.econbiz.de/10012975406
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An 'Act of God'? Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change
Dellinger, Myanna F. - 2016
“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...
Persistent link: https://www.econbiz.de/10012983504
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International Aviation Law and Pandemic
Ravich, Timothy - 2023
Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to...
Persistent link: https://www.econbiz.de/10014351518
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Policy Framework for Regulation of Financial Instruments – An Analysis with Special Emphasis to Financial Derivatives
2017
Financial Derivatives have established themselves as a major driving force in the international monetary sphere in the recent past. Financial Derivatives were originally used as an effective monetary instrument to multiply the wealth through ripple effect, of late, these instruments are also...
Persistent link: https://www.econbiz.de/10012947392
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Internationale Zuständigkeit von Gerichten und die Anerkennung ausländischer Urteile
Kirstein, Roland; Neunzig, Alexander R.; Emons, Winand - In: Globalisierung und Rechtsordnung : zur neuen …, (pp. 345-368). 1999
Persistent link: https://www.econbiz.de/10001451737
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Transnational Access to Court for Commercial Claims : The Shortcomings of International Commercial Arbitration and Litigation
Hoffmann, Hermann - 2014
Access to Court is a gobal principle, though the consequences of this principle are interpreted differently in the U.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to court for cross-border commercial contracts. Whereas...
Persistent link: https://www.econbiz.de/10013046376