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created by the Versailles Peace Treaty and other peace treaties after the First World War. It specifically analyses the case …
Persistent link: https://www.econbiz.de/10012908074
Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke … that never signed an arbitration clause. In cross-border arbitration, the genesis of decision-making power derives from no … single legal system. Arbitration arises from the parties' decision that the dispute should not be decided by national courts …
Persistent link: https://www.econbiz.de/10012949889
This Essay offers a fresh way to understand and talk about forced arbitration: as a wealth transfer. It argues that the … rise and prevalence of forced arbitration clauses should be understood as both an outcome of and contributor to economic … arbitration. Given the extreme levels of inequality in the United States — with the richest 0.1% of the country now holding the …
Persistent link: https://www.econbiz.de/10012952329
This entry addresses the Optional Rules for Arbitration of Disputes Relating to the Environment and/or Natural … Resources adopted by the Permanent Court of Arbitration in 2001. The Rules were aimed at addressing procedural deficiencies …
Persistent link: https://www.econbiz.de/10012865962
Persistent link: https://www.econbiz.de/10014367166
mechanisms that are applicable. This paper aims to explore whether arbitration is a suitable resolution mechanism for such … disputes, how the new developments in international arbitration can help resolve them efficiently, and the potential for … arbitration proceedings to adapt to them …
Persistent link: https://www.econbiz.de/10014359424
COVID-19 has been a crisis unexpected in scale and nature. It has changed many assumptions that we have about life and work. It has also forced drastic behavioural changes. Dispute lawyers everywhere are not spared. To a large extent, technology and the internet avoided a complete collapse in...
Persistent link: https://www.econbiz.de/10014360897
. Employees had hoped the Court would find that mandatory individual arbitration provisions are illegal because Section 7 of the … Court, however, held that the Federal Arbitration Act requires arbitration provisions to be enforced as written. While the … disputes that are diverted from courts to individual arbitration – including workplace discrimination and sexual harassment, as …
Persistent link: https://www.econbiz.de/10014111885
A growing chorus of voices is calling for the use of arbitration to resolve disputes concerning standards …-essential patents (SEPs). Those advocating the arbitration of SEP-related disputes include academic commentators, government officials … and members of the professional bar. Most cite the potential savings of cost and time that arbitration could achieve over …
Persistent link: https://www.econbiz.de/10014153054
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067