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Blockchain technology acts as infrastructure for self-executing smart contracts. Because contracts are incomplete and some parties are opportunistic, these new contracting possibilities have created challenges of dispute resolution. For instance, will smart contracts be recognised, and any...
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The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...
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Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word investment in the ICSID Convention, although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID...
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This article argues that a mediator, conscious of the metaphors disputants use, aware of their implications and skilled in their use, will hear more, be better able to reframe, disentangle and guide communications to explore meanings, enhance self-reflection, and expand possibilities. A growing...
Persistent link: https://www.econbiz.de/10014072064
This article argues that a mediator, conscious of the metaphors disputants use, aware of their implications and skilled in their use, will hear more, be better able to reframe, disentangle and guide communications to explore meanings, enhance self-reflection, and expand possibilities. A growing...
Persistent link: https://www.econbiz.de/10014027975