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Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages...
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In both the US and the EU, the antitrust category of “sham litigation” (in the US) or “vexatious litigation” (in the EU) enables a plaintiff, or a defendant in case this action forms part of a counterclaim, to argue that the introduction of litigation may constitute, under certain...
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Parallel litigation has become a recurrent issue in foreign investment disputes. International tribunals have consistently addressed the issue through the essentially civil law institution of lis pendens. The article argues that lis pendens has no legitimacy to be the tool dealing with parallel...
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challenge host state measures in international arbitration proceedings. Relying on investment standards offers an alternative …-state arbitration may be the only forum where right holders can litigate international IP norms such as the TRIPS Agreement. This may … are likely to open a door for challenging compliance with international IP obligations in investor-state arbitration …
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