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approach. I propose allowing shareholders to enforce charter and bylaw provisions that require arbitration of certain disputes …. For example, an acquisitive company may require arbitration of merger-related suits, while allowing non-merger suits to … four standard deviations before the suit could be brought in court, rather than arbitration. Because enforcement would be …
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Settlements of federal civil actions may, but need not, be subject to later judicial enforcement. As recognized by the U.S. Supreme Court in Kokkonen v. Guardian Life Insurance Co., one significant limitation on enforcement proceedings is subject matter jurisdiciton because federal district...
Persistent link: https://www.econbiz.de/10012771436
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10013233764
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10012476955
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Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty...
Persistent link: https://www.econbiz.de/10013285154
approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …
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