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This is a short essay introducing the reader to arbitration. Designed for general practitioners and non-lawyers, the … essay includes sections on: The advantages of arbitration over litigation: speed, cost, and informality. Concerns about … arbitration, especially arbitration agreements drafted by a party with overwhelming bargaining power and imposed upon a much …
Persistent link: https://www.econbiz.de/10014059401
important part of this reform is the development of international arbitration practice in China. Although stories about corrupt … arbitration process are not rare, a lot could also be said about successful arbitration proceedings. But it is human nature to … system and in particular the arbitration system is, and focus on how to make it work at its best. If you want to play a game …
Persistent link: https://www.econbiz.de/10014177286
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In this essay, I examine recent Congressional efforts to ban pre-dispute arbitration clauses in securities brokerage … account agreements and thus eliminate mandatory arbitration of customer-broker disputes. In the proposed Arbitration Fairness … arbitration - whose fairness is regulated with substantial oversight by the Securities and Exchange Commission - does not suffer …
Persistent link: https://www.econbiz.de/10014191701
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
When an arbitrator in an institutional arbitration is challenged for lacking independence or impartiality, most of the …, the London Court of International Arbitration has published digests of challenge decisions that have been sanitized, that …
Persistent link: https://www.econbiz.de/10013090588
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
International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices …. However, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it … regime of arbitration agreements in the specific field of disputes arising out of the use of the ship or the carriage of …
Persistent link: https://www.econbiz.de/10012895873
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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 …
Persistent link: https://www.econbiz.de/10013225306