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look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements made available by 298 … loans outstanding (95.1%) are subject to cardholder agreements with arbitration clauses, the substantial majority of credit … card issuers (247 of 298, or 82.9%) do not use arbitration clauses in their credit card agreements. The paper also finds …
Persistent link: https://www.econbiz.de/10013037826
UNCITRAL Arbitration Rules, Notes on Organising Arbitrations Proceedings, Model Law on International Commercial Arbitrations … possibilities of mandating or encouraging the use of UNCITRAL Arbitration materials in arbitrations or to create a new set of rules … based on the existing UNCITRAL Arbitration materials for ad-hoc arbitrations in India …
Persistent link: https://www.econbiz.de/10013321641
the rules of decision in arbitration versus litigation: parties may want a decision maker who applies more formalistic … arbitration clauses to reduce the risk of class relief, a reason that might be classified as either substantive or procedural …
Persistent link: https://www.econbiz.de/10014183642
The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions … enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context … arbitration provisions …
Persistent link: https://www.econbiz.de/10014214517
Arbitration is supposed to be a quick efficient way to resolve a dispute. One of the main benefits is finality. The … Federal Arbitration Act does not allow for a merit based appeal from an arbitral award. If an arbitrator makes an error … pursuant to the vacatur provisions of Section 10 of the FAA. For this reason, many lawyers and their clients avoid arbitration …
Persistent link: https://www.econbiz.de/10014128351
Many settlement agreements in lawsuits involving either multiple plaintiffs or multiple defendants include so-called "most-favored-nation" clauses. If a defendant facing multiple claims, for example, settles with some plaintiffs early and settles with additional plaintiffs later for a greater...
Persistent link: https://www.econbiz.de/10014123662
In accordance with usual practice, the arbitration clause is a perfectly bilateral agreement in which the rights and …
Persistent link: https://www.econbiz.de/10014187923
of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …
Persistent link: https://www.econbiz.de/10013135618
Available at EJIL: Talk! (Blog of the European Journal of International Law)This is a short comment piece looking at the Annulment Committee's approach to interpretation. In particular it looks at how the interpretive tools of public international law are applied between the customary based norm...
Persistent link: https://www.econbiz.de/10013139224
treatment, and importantly, the right to bring a claim in international arbitration against the host State in the event that the … faced by the regime for investment treaty arbitration, such as the problem of inconsistent decisions, multiple proceedings …
Persistent link: https://www.econbiz.de/10013123889