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South Asia is a region of diverse post-colonial countries that are undergoing significant constitutional and socioeconomic change. Constitutional law scholars have taken an interest in South Asian constitutionalism and how the region is addressing its unstable democratic systems. In recent...
Persistent link: https://www.econbiz.de/10015270783
risk exposure as a business imperative of the parties’ choice of multiparty arbitration. Emphasis throughout is put on the … participation in a single arbitral setting. The impact of their synergistic interplay on the outcome of multiparty arbitration is … PPP disputes. The results of this study seek to conceptualise multiparty arbitration as part of the parties’ informed …
Persistent link: https://www.econbiz.de/10015266383
Pre-litigation mediation is a perfect example of the economic trade-offs that exist in privacy policy. In pre-litigation mediation, costs and confidentiality work independently. However, there is a precarious balance that exists where, if either confidentiality or cost became less effective the...
Persistent link: https://www.econbiz.de/10015228646
We examine how partners in vertical exchange relationships actually resolve disputes that are sufficiently serious to get lawyers involved. Reaching beyond the usual domain of organizational and management research we leverage findings from law and economics to offer a novel organizational...
Persistent link: https://www.econbiz.de/10015231776
On October 5, 2016, the Brazilian Federal Supreme Court decided that imprisonment of convicts in second-instance before the res judicata does not affect article 283 of the Penal Code. The objective of this study is to analyze, without judging the constitutionality of the novel juridical act, the...
Persistent link: https://www.econbiz.de/10015257600
A buying and selling is a human activity in fulfilling the needs of his life. In law Muamalah, there are several trades that are forbidden and there are some trades that are legalized (allowed). One of the sale and purchase that is forbidden is the sale of speculation (Gharar). Gharar buying and...
Persistent link: https://www.econbiz.de/10015261544
In recent years, the European Union has insisted that convicts should be deprived of illegally obtained goods as a result of a crime. The asset confiscation resulted from crimes is one of the most effective tools in the fight against organized crime. In order to ensure a common approach to...
Persistent link: https://www.econbiz.de/10015267634
The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...
Persistent link: https://www.econbiz.de/10015268781
It has long been recognized that some plaintiffs sue defendants out of malice, but malicious litigation has not been previously modeled in the law and economics literature. I construct a simple model of malicious litigation, wherein malice is defined by the plaintiff’s obtaining some utility...
Persistent link: https://www.econbiz.de/10015250830
Резюме: В научното изследване се представя историята на приемането на Европейското доброволно рамково междусекторно споразумение за работата от разстояние от...
Persistent link: https://www.econbiz.de/10015268090