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litigation reaching epidemic proportions, arbitration would seem to be many parties' dispute resolution mechanism of choice. To … some extent, this is very much the case, with arbitration often being used to resolve conflicts between trusts and external … third parties. However, arbitration of internal trust disputes – by far the more common type of concern in this area of law …
Persistent link: https://www.econbiz.de/10013107270
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
In the article the problematic issues of bringing to material responsibility judicial bodies of arbitration court … Arbitration Court of the RF - ruling on refuse to transfer the case in the Presidium of the Higher Arbitration Court of the RF to … the ordinary procedural acts of arbitration court, which do not resolve a dispute on the merit, is criticized. The author …
Persistent link: https://www.econbiz.de/10013084624
Arbitration became an essential tool to resolve international disputes as a result of the globalized and integrated … markets, free trade and international investments. Therefore it was crucial for states to reform arbitration related laws in … order to attract investments. Saudi Arabia has issued a new arbitration law which showed significant developments chief …
Persistent link: https://www.econbiz.de/10013073011
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
to the Indian Arbitration and Conciliation Act, 1996 proposed a ‘fast-track' procedure for arbitration in India, where …Online Arbitration is a new tool for dispute settlement mechanism. This mechanism is more cost effective, more … arbitration has encountered certain difficulties in the application of traditional principles of international commercial …
Persistent link: https://www.econbiz.de/10013001435
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
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
created by the Versailles Peace Treaty and other peace treaties after the First World War. It specifically analyses the case …
Persistent link: https://www.econbiz.de/10012908074