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somewhat haughty.Who would you choose?This paper discusses the prevailing spirit, attitudes, aspirations in the arbitration …
Persistent link: https://www.econbiz.de/10014105734
is article describes the legal issues of the development and use of electronic arbitration systems as an alternative … method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with … the trends of deformalized arbitration. Despite the formal legality, the trend is breaking the existing legal framework …
Persistent link: https://www.econbiz.de/10014119354
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
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 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
In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...
Persistent link: https://www.econbiz.de/10013239831
, cases where it is sought to use the arbitration mechanism as a tool to facilitate the parties' involvement behavior …
Persistent link: https://www.econbiz.de/10014221403
-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to … judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is … arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …
Persistent link: https://www.econbiz.de/10012838053
Persistent link: https://www.econbiz.de/10013033460
investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492