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World Trade Organization (WTO) as well as arbitral tribunals which are established under the investor-state dispute …
Persistent link: https://www.econbiz.de/10014360282
case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges … arbitration doctrine combine to insulate religious arbitration awards from judicial even on procedural grounds, leaving courts to … confirm religious arbitration awards without knowing whether the arbitrators complied with the contractually required …
Persistent link: https://www.econbiz.de/10014145723
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
Persistent link: https://www.econbiz.de/10013225306
This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …
Persistent link: https://www.econbiz.de/10014182278
Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in …
Persistent link: https://www.econbiz.de/10014102393
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
Persistent link: https://www.econbiz.de/10012967047
This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The … Switzerland), as well as the main Anglophonic jurisdictions traditionally viewed as main players in the common law world in the …, exert varying degrees of influence and account substantially for variations in the arbitration issues considered: (1 …
Persistent link: https://www.econbiz.de/10013238108
Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in...
Persistent link: https://www.econbiz.de/10013147975
and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …
Persistent link: https://www.econbiz.de/10013052272
Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...
Persistent link: https://www.econbiz.de/10012844239