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remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial … decisions involving application of federal or state arbitration statutes to processes that are to one degree or another … different from quot;classicquot; arbitration, or to the interface between arbitration and earlier stages in multi-step dispute …
Persistent link: https://www.econbiz.de/10012755345
How should legal disputes be allocated between litigation and arbitration? Given strong incentives for many actors to … arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In "Re …-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public …
Persistent link: https://www.econbiz.de/10012920583
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to … decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally …
Persistent link: https://www.econbiz.de/10013013617
This paper examines the role of experts from both a United Kingdom and North America perspective. The paper starts by pointing out the important role of expert evidence in assisting the tier of fact. The distinction between accountants as fact witnesses and as expert witnesses is identified. The...
Persistent link: https://www.econbiz.de/10013035670
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 includes impartial arbitrators who hear before deciding and respect both …
Persistent link: https://www.econbiz.de/10013032247
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In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two...
Persistent link: https://www.econbiz.de/10014359046
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
domain of arbitration to help in resolving disputes in case of any disagreement among contracting parties. This article will … present the authorities involved in arbitration with the experience regarding the application of the various law and … institutions concerned with the arbitration. This will also help contracting parties or investors to understand the legal …
Persistent link: https://www.econbiz.de/10014087453