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This paper deals with the effects that intermediation has on strategic behaviour in negotiations. To this end, we use the tools of game theory to analyse how different institutional settings can provide specific strategic incentives and thereby condition the outcome of negotiations. We...
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Under New Jersey corporate law, may a corporation adopt a mandatory arbitration provision in its bylaws that would … require shareholders to bring federal securities law claims via separate individual arbitration? The issue is squarely raised … only include provisions relating to internal corporate affairs. Because a mandatory securities arbitration provision …
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When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...
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This article intends to help understand the debate about TTIP by focusing on the specific issue of how TTIP may regulate investment protection of foreign-owned property. It gives an overview of the international law of expropriations of and other interferences with foreign-owned property for...
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