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The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...
Persistent link: https://www.econbiz.de/10012845978
deadweight loss in the form of reputational damages. I build a model to show that arbitration can circumvent this inefficiency by …
Persistent link: https://www.econbiz.de/10012848051
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067
view the goal of settlement in international arbitration. The result of a 115 person survey and 64 follow up interviews … shed light on the underlying cultural attitudes and approaches to settlement in international arbitration as practiced in … diverse regions. The findings indicate that arbitration practitioner’s perceptions of the frequency of compromise decision in …
Persistent link: https://www.econbiz.de/10014177243
In this essay, I examine recent Congressional efforts to ban pre-dispute arbitration clauses in securities brokerage … account agreements and thus eliminate mandatory arbitration of customer-broker disputes. In the proposed Arbitration Fairness … arbitration - whose fairness is regulated with substantial oversight by the Securities and Exchange Commission - does not suffer …
Persistent link: https://www.econbiz.de/10014191701
World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied … accused of doping may request an arbitration hearing before the American Arbitration Association (AAA), using the AAA … Supplementary Procedures for the Arbitration of Olympic Doping Disputes. Although arbitration hearings are generally held in private …
Persistent link: https://www.econbiz.de/10014192216
The paper deals with arbitration of unresolved issues in mutual agreement cases as regulated by the new paragraph 5 … remarks on the arbitration method in international tax matters, the paper describes the evolution of international tax … arbitration. The central part of the paper is devoted to the analysis of the procedure of the tax arbitration established by new …
Persistent link: https://www.econbiz.de/10014194012
between the tax authorities of the states involved. Arbitration has been suggested as an alternative, and is starting to be … instituted. Arbitration will probably be a good "stick" against over-long mutual agreements, but it also seems to exhibit "carrot … standard are considered, and the author calls on the Australian government to invite submissions on the prospect of arbitration …
Persistent link: https://www.econbiz.de/10014218893
-dispute arbitration clause in a brokerage customer's account agreement, the author revisits the assumptions of the McMahon Court … supporting its conclusion that arbitration is fair to investors. The article first explores the various sources of law, including … the Federal Arbitration Act, which could require fairness in securities arbitration. The article then examines the …
Persistent link: https://www.econbiz.de/10014223228
A growing chorus of voices is calling for the use of arbitration to resolve disputes concerning standards …-essential patents (SEPs). Those advocating the arbitration of SEP-related disputes include academic commentators, government officials … and members of the professional bar. Most cite the potential savings of cost and time that arbitration could achieve over …
Persistent link: https://www.econbiz.de/10014153054