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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
commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid …, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed …
Persistent link: https://www.econbiz.de/10013238106
Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation …'s history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is … subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider …
Persistent link: https://www.econbiz.de/10014213117
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
In this article, we consider whether arbitration clauses are likely to result in the extinction of the class action. In … nonseverability provisions, which provide that if the class arbitration waiver is held unenforceable the entire arbitration clause … should be stricken. As a result, the recent court decisions invalidating class arbitration waivers will result in the …
Persistent link: https://www.econbiz.de/10013122942
arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to … judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is …
Persistent link: https://www.econbiz.de/10012838053
Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...
Persistent link: https://www.econbiz.de/10014102393
and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …
Persistent link: https://www.econbiz.de/10013052272
Arbitration providers, such as the American Arbitration Association (“AAA”) and JAMS, have promulgated due process … protocols to regulate the fairness of consumer and employment arbitration agreements. A common criticism of these due process … protocols, however, has been that they lack an enforcement mechanism. While arbitration providers state that they enforce the …
Persistent link: https://www.econbiz.de/10013121837
This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data on within-trial actions and motivations by plaintiff, defendant and the courts. Using a new dataset covering about 80% of all patent litigation cases in Germany between 2000 and...
Persistent link: https://www.econbiz.de/10013036139