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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...
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received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key … criticism levelled at investment treaty arbitration is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …
Persistent link: https://www.econbiz.de/10014352506
is article describes the legal issues of the development and use of electronic arbitration systems as an alternative … method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with … the trends of deformalized arbitration. Despite the formal legality, the trend is breaking the existing legal framework …
Persistent link: https://www.econbiz.de/10014119354
International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...
Persistent link: https://www.econbiz.de/10012845978
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arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To …In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions … still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly …
Persistent link: https://www.econbiz.de/10013036266
Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …
Persistent link: https://www.econbiz.de/10012987767
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286