Is investor–state arbitration a radical departure from earlier mechanisms for resolving disputes between foreign … investors and states? On one hand, the first investment treaty arbitration was decided in 1990 and was ‘dramatically different …–state arbitration as a direct descendant of legal practices in previous centuries.There is no shortage of antecedents for investor …

This Essay offers a fresh way to understand and talk about forced arbitration: as a wealth transfer. It argues that the … rise and prevalence of forced arbitration clauses should be understood as both an outcome of and contributor to economic … arbitration. Given the extreme levels of inequality in the United States — with the richest 0.1% of the country now holding the …

be irreversible. This book chapter argues that the advent of arbitration bylaws makes reversal not merely possible, but … the respectability of Delaware incorporation.Arbitration bylaws threaten to deprive the Delaware courts of their cases …' attorneys, arbitration bylaws can sharply reduce the numbers of cases that are brought. The cases that are brought will be …

Court of Arbitration in 2016 handed down a judgment that is surely the most important set of jurisprudential rulings in the …

This book chapter provides an analysis of the current arbitration legislation and practice in Romania, with regard to … for challenges. The chapter addresses both domestic and international arbitration, with focus mainly on ad hoc arbitration …

' interests and insurance customers and the premise that classic (commercial) arbitration is not a priori suitable for D …&O insurance disputes, the author advocates introduction of specific integrated arbitration proceedings for D&O insurance cases. By … assessing arbitration proceedings in D&O insurance, this analyze allows us to draw conclusion on whether the resolution of D …

The topic of Third-Party Funding in international arbitration has been almost exhaustedly debated. However, little … that has already been done in regards to the use of arbitration (and other dispute resolution means) within this realm. In …, arbitration is the best means to solve disputes …

As per the amended Section 8 (1) of the A&C Act, 1996, the defendant is required to invoke the arbitration clause and … reference to arbitration, or even as submission to or acquiescence of the jurisdiction of the Court where the action has been … application invoking the arbitration agreement must be presented. It is this limitation period which is indicated by the words …