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possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
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...
Persistent link: https://www.econbiz.de/10013036880
Persistent link: https://www.econbiz.de/10013074028
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 … confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational …
Persistent link: https://www.econbiz.de/10013036266
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
Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...
Persistent link: https://www.econbiz.de/10014102393
In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
, especially in the form of consumer protection, including the arbitration clause. Often, the consumer does not realize that they …
Persistent link: https://www.econbiz.de/10012947831
Every community - whether physical or virtual - will inevitably experience conflict. New ways of interacting through information and communications technology lead to new conflicts, such as domain name or e-commerce disputes. At the same time, governments need to deal with the entire range of...
Persistent link: https://www.econbiz.de/10014055469
. Alternative dispute resolution methods except arbitration are often not effective enough, because they produce case outcomes that … is unlikely to become enforceable. Arbitration could provide this effectiveness, because the recourse to courts is only … minimal and therefore much less expensive. But from this legal effectiveness follow other difficulties. Arbitration requires …
Persistent link: https://www.econbiz.de/10014058671