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Online dispute resolution systems can be effective in a way that courts, mostly, cannot, because they operate on much smaller costs. When connected to self-enforcement mechanisms, ODR systems could create a global law without a state, a whole new, independent and transnational legal order: the...
Persistent link: https://www.econbiz.de/10014058663
investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
Persistent link: https://www.econbiz.de/10013225306
Paper explores a possible solution through arbitration forums, as a national and international policy matter, whether it can …
Persistent link: https://www.econbiz.de/10013231681
Whenever a claimant in arbitration prevails, the tribunal must calculate quantum. Indeed, sometimes the central … question in arbitration is to value a disputed asset. However, an arbitrator's expertise typically is law, not economics. How … approach would expedite the arbitration by causing parties to submit more realistic estimates of quantum and to explain in a …
Persistent link: https://www.econbiz.de/10013012338
In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...
Persistent link: https://www.econbiz.de/10013239831
While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration … the confidential nature of arbitration proceedings. The problem with anecdotes is that it is difficult to evaluate whether … typically conducted, and the common techniques adopted in facilitating settlement. At a time when arbitration has become too …
Persistent link: https://www.econbiz.de/10013033797
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than …
Persistent link: https://www.econbiz.de/10012754052
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
Persistent link: https://www.econbiz.de/10012967047