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Paper explores a possible solution through arbitration forums, as a national and international policy matter, whether it can …
Persistent link: https://www.econbiz.de/10013231681
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
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
-dispute arbitration clause in a brokerage customer's account agreement, the author revisits the assumptions of the McMahon Court … supporting its conclusion that arbitration is fair to investors. The article first explores the various sources of law, including … the Federal Arbitration Act, which could require fairness in securities arbitration. The article then examines the …
Persistent link: https://www.econbiz.de/10014223228
Persistent link: https://www.econbiz.de/10012896778
Online dispute resolution systems can be effective in a way that courts, mostly, cannot, because they operate on much smaller costs. When connected to self-enforcement mechanisms, ODR systems could create a global law without a state, a whole new, independent and transnational legal order: the...
Persistent link: https://www.econbiz.de/10014058663
In cyberspace, parties meet that would often not have met in the offline world, because they physically live in far … cyberspace, they engage in small or medium transactions, which they would usually not have done in the offline world. In these …. Alternative dispute resolution methods except arbitration are often not effective enough, because they produce case outcomes that …
Persistent link: https://www.econbiz.de/10014058671
Disagreements over business deals, land boundaries, or loan non-repayment are very common sources of disputes, and courts are congested in developing countries. We evaluate the effects of the government introducing formal "village courts" (VCs) in rural Bangladesh using a randomized controlled...
Persistent link: https://www.econbiz.de/10014292197
arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …-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 …
Persistent link: https://www.econbiz.de/10012838053
When customers open brokerage accounts, most agree to mandatory arbitration clauses in their client agreements. FINRA … heard. When a customer case is filed in arbitration with FINRA, the customer has certain options if the amount in dispute is …. The advantage of simplified arbitration is that it allows a customer the option of arbitrating a small claim on the papers …
Persistent link: https://www.econbiz.de/10013019558