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Grotius and Von Savigny made a strict distinction between property law interests and contract law interests. This distinction still influences current European law systems, both continental and Anglo-Saxon. The Draft Common Frame of Reference (“DCFR”) also seems to build on the same...
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propose a legal theory of economic growth that details how effective property, contract, and business laws help to unite …
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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 …
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The case law and literature to date have struggled to locate the rationale for the assignability of arbitration … be found in the “acceptance principle”. This principle indicates, first, that arbitration agreements which are not actual … burdens can be assigned, and second, that the assignability of arbitration agreements is grounded in the assignee’s acceptance …
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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...
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