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Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …
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arbitration clause and party autonomy. This article, deals with this issue of powers of international (financial) arbitrators and … transnational commercial an financial legal order ityself, merely activated by the arbitration clause but are not founded therein …
Persistent link: https://www.econbiz.de/10013033657
The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Arbitration “took … postscript to development of public courts. The functions of arbitration as a private, flexible, effective, and independent … process fuelled its recognition. Arbitration has to guarantee legal certainty, predictability, and settlement being costless …
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investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
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facilitated by arbitration …
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arbitrators should perform a task known as “clause construction”: determining whether an arbitration clause that does not mention …. Moreover, because class members are entitled to notice of rulings that impact their rights, the American Arbitration …
Persistent link: https://www.econbiz.de/10012899979
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