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This Report to the Securities Industry Conference on Arbitration (SICA) documents the results of the authors' empirical …) fairness of the SRO arbitration process; (2) competence of arbitrators to resolve investors' disputes with their broker …-dealers; (3) fairness of SRO arbitration as compared to their perceptions of fairness in securities litigation in similar disputes …
Persistent link: https://www.econbiz.de/10014047843
Confidentiality in International Commercial Arbitration is important to parties dealing in commercially sensitive … internationally, with a particular focus on the comprehensive codification of the obligation in New Zealand under the Arbitration Act … 1996. The paper focuses in particular on confidentiality expectations in arbitration related court proceedings, which is …
Persistent link: https://www.econbiz.de/10012985859
investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than … substantial justice without being hampered by the legal technicalities which characterizes the traditional litigation system. In … arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …
Persistent link: https://www.econbiz.de/10012754052
Most disputes between customers and their brokerage firms are resolved through arbitration as a result of the Supreme …: the Court's general pro-arbitration trend and its efforts to remove private securities fraud claims from federal court … of the current securities arbitration process from the perspective of an investor advocate. In my view, investors may …
Persistent link: https://www.econbiz.de/10014218842
When things go wrong, it is always good to find someone to blame. As the credit crisis started to unfold in 2007, credit rating agencies (“CRAs”) emerged as the villain – or scapegoat, one might say – for commentators and regulators alike. To sum up, observers accused CRAs of doing a...
Persistent link: https://www.econbiz.de/10013120955
laboratory free space or by self-regulation. It also shows that idiosyncratic national rules would result in legal fragmentation … and deprive the world of the benefit that digital services can provide.The paper suggests therefore that global standards … would be the most adequate solution for the regulation of global services. It proposes to re-conceptualize the FSB and to …
Persistent link: https://www.econbiz.de/10014348820
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the … World Trade Organization (WTO) as well as arbitral tribunals which are established under the investor-state dispute …
Persistent link: https://www.econbiz.de/10014360282
As arbitration’s prominence grows in a wide variety of contracts, it is imperative to ensure fairness with respect to … its use and procedures. However, the proposed Arbitration Fairness Act (AFA) may be too rash in its blanket ban on pre …-dispute arbitration agreements in employment, consumer, franchise, and civil right claims contexts. Instead, a more measured approach is …
Persistent link: https://www.econbiz.de/10014198243