is article describes the legal issues of the development and use of electronic arbitration systems as an alternative method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with the trends of deformalized arbitration. Despite the...

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...

Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...

The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...

In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...

Arbitration has grown rapidly during the past 20 years. Particularly notable and problematic is the rapid onset of new or mass arbitration that has resulted from the judiciary's modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees,...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...

Arbitration is supposed to be a quick efficient way to resolve a dispute. One of the main benefits is finality. The Federal Arbitration Act does not allow for a merit based appeal from an arbitral award. If an arbitrator makes an error interpreting or apply law, courts are not empowered to...