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A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor arbitration's basic procedural integrity, which...
Persistent link: https://www.econbiz.de/10013032247
Multiple, overlapping, and systemically interactive normative orders regulate commerce, trade, and finance. A diverse set of state and non-state actors produce this plurality of rules governing markets. How these rules operate, what they are, whether some of them deserve recognition as what...
Persistent link: https://www.econbiz.de/10012907931
This paper explores the theory of transnational law. It is proposed that transnational civil regimes transcend the …
Persistent link: https://www.econbiz.de/10013141680
Personal guarantees are common practice in Israel. Banks and lenders often demand personal guarantees from third parties as security for the provision of credit, either as sole security or in addition to other – usually proprietary – collateral. However, personal guarantees are common not...
Persistent link: https://www.econbiz.de/10013049191
In an invited contribution for the USEK Law Review symposium edition on the anniversary of the Lebanese Droit d'Affairs, the authors analyze the place of commercial law in a common law system, with the US as the primary exemplar
Persistent link: https://www.econbiz.de/10012895750
. Wrong decisions on these issues often lead to wrongful convictions. But as behavioral law and economic theory suggests …
Persistent link: https://www.econbiz.de/10012899637
Part of a larger textbook on business law and economics, this Chapter surveys how economic analysis has been applied to competition, or antitrust, law, in the main jurisdictions on both sides of the Atlantic. The first part chronicles the successive schools of thought in the US and the EU, with...
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