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For most of the twentieth century, international courts and tribunals rarely enjoyed blanket jurisdiction over foreign nationals. This has changed with the advent of ‘investment treaty arbitrations.’ Investment treaty arbitration is a treaty-based regime that uses rules and structures of...
Persistent link: https://www.econbiz.de/10014207969
Until recently, it was understood that mandatory arbitration was a "do-it-yourself tort reform": corporate defendants could reduce their liability in consumer and employment disputes through an adhesion contract clause requiring pre-dispute arbitration. But now that there is a significant...
Persistent link: https://www.econbiz.de/10014208066
The possibility of wide ratification of and accession to the 2005 Hague Convention on Choice of Court Agreements presents important issues for those drafting international commercial contracts. Transactions lawyers have rather easily justified the inclusion of arbitration agreements in...
Persistent link: https://www.econbiz.de/10014208243
In over seventy-six years of election history in Nigeria, the country is yet to conduct an election that has not been contested. It does appear that the level of animosity that is exhibited during political activities is so high that most participants refuse to accept that someone must win while...
Persistent link: https://www.econbiz.de/10014209517
This Article presents the results from the first detailed empirical study of consumer arbitration as administered by the American Arbitration Association. Primarily using a sample of 301 AAA consumer arbitrations that resulted in an award between April and December 2007, it considers such issues...
Persistent link: https://www.econbiz.de/10014209719
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psychological, and gender studies, this book addresses the question - How do professional, lay, and gendered actors understand and experience case processing in litigation and mediation? Drawing on data...
Persistent link: https://www.econbiz.de/10014210295
This is a review of Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration. It points out certain critical aspects where the book makes a valuable contribution to the literature in the field
Persistent link: https://www.econbiz.de/10014210479
Patents, patent litigation, and patent settlements increasingly influence competition. Settlements of patent disputes come in many forms, including licensing and cross-licensing agreements, patent pools, mergers, and joint ventures. While frequently procompetitive, such settlements can stifle...
Persistent link: https://www.econbiz.de/10014085120
Third-Party Funding (TPF) is a fast-growing modern concept in international arbitration. It is widely recognised in jurisdictions such as Australia, Singapore, and Hong Kong. In Nigeria (and like most former British colonies), the common law doctrine of Champerty and Maintenance that prohibits...
Persistent link: https://www.econbiz.de/10014086646
Recently, commercial activities in the state of Cameroon are evolving and there is an inflow of investors from within the OHADA Zone and other regions of the world to Cameroon. This has led to the proliferation of commercial contracts such as concession contracts, production sharing agreements,...
Persistent link: https://www.econbiz.de/10014087453