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International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a … international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent … program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration …
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-Annexed Arbitration Program (CAAP), a program with a jurisdictional limit $150,000, the highest jurisdictional limit of any state court …-annexed arbitration program in the country. The Hawaii program is also unique because its primary goal is cost reduction for litigants … of Hawaii’s arbitration program. Data collected for the evaluation are drawn from five sources: (1) a case record …
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The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its main themes. The chapter begins by introducing the basic economic framework for studying litigation and out-of-court settlement. One set of issues addressed is positive (or...
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neutrality and suitability to deal with transnational commercial disputes as international arbitration …
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Kenya Limited [2019] eKLR. It argues that pre-1995, arbitration in Kenya was constrained by untamed court intervention which … violated the principle of finality, a core tenet of arbitration. Based on this, few people opted for arbitration as a dispute …
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This article translates and extends Becker (1968) from public law enforcement to private litigation by examining optimal legal system design in a model with private suits, signals of case strength, court error, and two types of primary behavior: harmful acts that may be deterred and benign acts...
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