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The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses, their legal counsels, and the academic community concerned with the development of this branch of law. While much of the public discourse has evolved around the public...
Persistent link: https://www.econbiz.de/10012923559
"A solution to a broad category of nuisance suits is examined in this paper. The solution is to give defendants the option to have courts prevent settlements (by refusing to enforce them). Then, if a defendant knows he is facing a plaintiff who would not be willing to go to trial, the defendant...
Persistent link: https://www.econbiz.de/10002250592
Persistent link: https://www.econbiz.de/10003362668
about local protectionism, and the inability to enforce foreign judicial decisions in China, arbitration has been overly … the New York Convention. This, however, does not mean that offshore arbitration is the golden rule that applies to any …
Persistent link: https://www.econbiz.de/10013086240
paper we first map some institutional governance possibilities for contracting parties (e.g. mediation, private arbitration …
Persistent link: https://www.econbiz.de/10012850145
This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The …, exert varying degrees of influence and account substantially for variations in the arbitration issues considered: (1 … using mediation rather than litigation and arbitration).Various arbitration issues will be examined. First, the relationship …
Persistent link: https://www.econbiz.de/10013238108
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
vacate, arbitration awards. Suppose, however, that the arbitration award is very different from the judgment a court would … correctly apply the law. If the party that lost in arbitration (the party that would have done better with a correct application …? • Whether the agreement’s terms ask courts to vacate or confirm legally-erroneous arbitration awards? • Whether the arbitrator …
Persistent link: https://www.econbiz.de/10014144317
Every community - whether physical or virtual - will inevitably experience conflict. New ways of interacting through information and communications technology lead to new conflicts, such as domain name or e-commerce disputes. At the same time, governments need to deal with the entire range of...
Persistent link: https://www.econbiz.de/10014055469