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It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international … agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement … would cause parties to prefer arbitration over litigation.This study examines the validity of these theoretical claims …
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Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to … a contract a flexible and efficient alternative to traditional court litigation, particularly in cross … law of the contract, the scope of the clause, and the willingness of parties to comply with the arbitral award. This paper …
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and unpredictable jockeying for authority and advantage. The article proposes that arbitration clauses governing …
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Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke … that never signed an arbitration clause. In cross-border arbitration, the genesis of decision-making power derives from no … single legal system. Arbitration arises from the parties' decision that the dispute should not be decided by national courts …
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international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still … important. Based on extensive practical experience, this book analyses international contract practice and its interaction with … refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in …
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