Showing 71 - 80 of 6,815
minimum level, allowed aggressive traders to incorporate in their form contracts arbitration clauses, which have led to a … of Justice on arbitration clauses in consumer contracts and its problematic implementation within Czech legal order as …
Persistent link: https://www.econbiz.de/10013114756
Preliminary injunctions (PIs) are important in litigation in many settings, including antitrust, copyright, patent, trademark, employment and labor relations, and contracts. The filing of a PI and the court's ruling generate information that can impact settlement. We find that some plaintiffs...
Persistent link: https://www.econbiz.de/10013117008
This article examines the differing legal treatment of pre-dispute consumer arbitration agreements in the European … the United Kingdom), most such agreements are invalid. In the United States by contrast, most pre-dispute arbitration … agreements are valid, even in consumer contracts, unless some other provision in the arbitration agreement renders it …
Persistent link: https://www.econbiz.de/10013122676
Under both federal and state arbitration law, arbitrators are generally understood to have the authority to rule on …), either before an award is made (on a motion to enjoin the arbitration) or after (on a motion to vacate the award). In MBNA … America Bank N.A. v. Credit, however, the Kansas Supreme Court asserted that the arbitration proceeding must stop once a party …
Persistent link: https://www.econbiz.de/10013122688
This paper is a brief analysis of the proposed class settlement in In re Interchange Fee and Merchant Discount Antitrust Litigation, MDL 1720 (E.D.N.Y.). The analysis concludes that the relief plaintiff class members would obtain from the proposed settlement is largely illusory. The settlement...
Persistent link: https://www.econbiz.de/10013101657
International Commercial Arbitration if flourishing within the European Union. People refer to it more than ever and …, besides, national legislators are enacting new Arbitration Act to the extent that almost all EU Member States have modified … the regulation on Arbitration during the last decade. This popularity contrasts with the fact that arbitration remains …
Persistent link: https://www.econbiz.de/10013104310
This paper examines the role of third-party funding (TPF) in international investment arbitration. This can take many … funder, rather than the claimant, bears the expenses involved in the litigation or arbitration. There is little clarity on … the legal aspects of TPF in litigation and arbitration. The position of TPF funders in investment arbitration is even less …
Persistent link: https://www.econbiz.de/10013108739
Persistent link: https://www.econbiz.de/10013083947
In this paper we use a signaling model to analyze the effect of (endogenously-determined) third-party non-recourse loans to plaintiffs on settlement bargaining when a plaintiff has private information about the value of her suit. We show that an optimal loan (i.e., one that maximizes the joint...
Persistent link: https://www.econbiz.de/10013088917
This paper presents a mathematical model to evaluate the risks of arbitration in contractual disputes to decide whether … or not to raise an arbitration case for a claim. It adds the ingredient of a regret theory approach for taking that …
Persistent link: https://www.econbiz.de/10013092242