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justified the inclusion of arbitration agreements in international commercial contracts because the New York Arbitration … easily enforced, and court judgments will more easily recognized in other states. Thus, the choice between arbitration and … Hague Convention with those existing under the New York Arbitration Convention …
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deadweight loss in the form of reputational damages. I build a model to show that arbitration can circumvent this inefficiency by …
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Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the...
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Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …
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arbitration clause and party autonomy. This article, deals with this issue of powers of international (financial) arbitrators and … transnational commercial an financial legal order ityself, merely activated by the arbitration clause but are not founded therein …
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The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Arbitration “took … postscript to development of public courts. The functions of arbitration as a private, flexible, effective, and independent … process fuelled its recognition. Arbitration has to guarantee legal certainty, predictability, and settlement being costless …
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investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
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