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As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of...
Persistent link: https://www.econbiz.de/10012842820
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
alternative remedies with equivalent, or effect (part 1.9). Part 2 analyzes the same matters with respect to arbitration …
Persistent link: https://www.econbiz.de/10012844350
Is investor–state arbitration a radical departure from earlier mechanisms for resolving disputes between foreign … investors and states? On one hand, the first investment treaty arbitration was decided in 1990 and was ‘dramatically different …–state arbitration as a direct descendant of legal practices in previous centuries.There is no shortage of antecedents for investor …
Persistent link: https://www.econbiz.de/10012844480
This Essay offers a fresh way to understand and talk about forced arbitration: as a wealth transfer. It argues that the … rise and prevalence of forced arbitration clauses should be understood as both an outcome of and contributor to economic … arbitration. Given the extreme levels of inequality in the United States — with the richest 0.1% of the country now holding the …
Persistent link: https://www.econbiz.de/10012952329
The rapid evolution of anonymous, autonomous, and distributed blockchain-based smart contracting creates friction and enforceability issues with existing legal and jurisdictional principles, calling the future governance of blockchain technology into question. The effective governance of...
Persistent link: https://www.econbiz.de/10012953424
be irreversible. This book chapter argues that the advent of arbitration bylaws makes reversal not merely possible, but … the respectability of Delaware incorporation.Arbitration bylaws threaten to deprive the Delaware courts of their cases …' attorneys, arbitration bylaws can sharply reduce the numbers of cases that are brought. The cases that are brought will be …
Persistent link: https://www.econbiz.de/10012957169
Court of Arbitration in 2016 handed down a judgment that is surely the most important set of jurisprudential rulings in the …
Persistent link: https://www.econbiz.de/10012961305
This book chapter provides an analysis of the current arbitration legislation and practice in Romania, with regard to … for challenges. The chapter addresses both domestic and international arbitration, with focus mainly on ad hoc arbitration …
Persistent link: https://www.econbiz.de/10012902998
' interests and insurance customers and the premise that classic (commercial) arbitration is not a priori suitable for D …&O insurance disputes, the author advocates introduction of specific integrated arbitration proceedings for D&O insurance cases. By … assessing arbitration proceedings in D&O insurance, this analyze allows us to draw conclusion on whether the resolution of D …
Persistent link: https://www.econbiz.de/10012906416