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Contrary to the numerous accounts of fragmentation in investment arbitration case law, this Article shows that the case … law depicts a high degree of cohesion. The Article argues that jurisprudence in investment arbitration is stabilized by … legitimacy and the future of investment arbitration away from fragmentation to the main principles that have guided the …
Persistent link: https://www.econbiz.de/10014264419
dispute resolution, e.g. claims for damages that can be submitted to arbitration, political (incentive) effect of BITs, other … in investment dispute resolution (alternatives to arbitration and arbitration). At the end from perspective of …
Persistent link: https://www.econbiz.de/10013046716
securities in bearer form have already become the back bone of International Economy.Regulation of Financial Derivatives has a … regulation in the United States as well as in India is essentially a hybrid of "institutional" and "functional" regulation. Some … measures to ensure transparency and accountability. On the whole it can be seen that the derivative regulation is more focused …
Persistent link: https://www.econbiz.de/10013130674
The global financial meltdown has led to a renewed focus on the purposes of securities regulation and on the expansion …, mitigating systemic risk has fallen within the realm of financial institution (i.e., prudential) regulation rather than … of complex institutions, are blurring the line between prudential regulation and securities law. This evolution makes …
Persistent link: https://www.econbiz.de/10013136760
gaps or deficiencies in the regulation of broker-dealers and investment advisers. These firms often perform similar …
Persistent link: https://www.econbiz.de/10012949826
Persistent link: https://www.econbiz.de/10012968626
private regulation by the AAA complements existing public regulation of the fairness of consumer arbitration clauses. Any …Arbitration providers, such as the American Arbitration Association (“AAA”) and JAMS, have promulgated due process … protocols to regulate the fairness of consumer and employment arbitration agreements. A common criticism of these due process …
Persistent link: https://www.econbiz.de/10013121837
Persistent link: https://www.econbiz.de/10012053452
) 44/2001 against the backdrop of the earlier proposals on the inclusion of arbitration within the scope of the Regulation … and positive consequences of the Commissions’ restraint in not extending the scope of the Regulation to other arbitration …This paper discusses the provisions on arbitration of the European Commission’s December 2010 draft review of Reg. (EC …
Persistent link: https://www.econbiz.de/10014179581
analyzes the interaction between the Regulation and trust arbitration, which has become increasingly popular in various U ….S. and foreign jurisdictions. In so doing, the Article discusses how trust arbitration furthers the goals of the Regulation … and how individual provisions in the Regulation may support or restrict the possibility of arbitration of trust …
Persistent link: https://www.econbiz.de/10014122174