Showing 1 - 10 of 1,112
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 … injunctive relief provided by German patent law, and the so-called ‘injunction gap’ as a result of bifurcating infringement and …
Persistent link: https://www.econbiz.de/10014360286
Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration … the foundations of arbitration communities on a regional, let alone global, level. However, this eventually occurred in …, might fall for corruption; criminologically, it suggests that arbitration as a dispute-resolution mechanism can find itself …
Persistent link: https://www.econbiz.de/10014357561
private international law and arbitration. The author opens the paper with the general differentiation between substantive and … primarily to the specifics of such differentiation in arbitration and to a comparison with litigation. The general comments are …
Persistent link: https://www.econbiz.de/10012986730
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
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 formal legality, the trend is breaking the existing legal framework …
Persistent link: https://www.econbiz.de/10014119354
remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial … decisions involving application of federal or state arbitration statutes to processes that are to one degree or another … different from quot;classicquot; arbitration, or to the interface between arbitration and earlier stages in multi-step dispute …
Persistent link: https://www.econbiz.de/10012755345
The problem of "creeping legalism," or incremental formalism, in grievance arbitration cases has been a continuing …
Persistent link: https://www.econbiz.de/10014026892
commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid …, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed …
Persistent link: https://www.econbiz.de/10013238106
Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation …'s history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is … subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider …
Persistent link: https://www.econbiz.de/10014213117
A growing chorus of voices is calling for the use of arbitration to resolve disputes concerning standards …-essential patents (SEPs). Those advocating the arbitration of SEP-related disputes include academic commentators, government officials … and members of the professional bar. Most cite the potential savings of cost and time that arbitration could achieve over …
Persistent link: https://www.econbiz.de/10014153054