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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 …
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Although the study of plea bargaining would seem, by its nature, to invite interdisciplinary collaboration between criminal law and dispute resolution scholars, there has been remarkably little cross-fertilization between the fields. In this Essay, we discuss the suitability of conceptualizing...
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Arbitrability is whether parties to a transaction have submitted a particular dispute to be resolved via arbitration … arbitrators or judges should decide the arbitrability question. Such questions raised at the very early stages of arbitration are … referred to as ‘gateway’ or ‘threshold’ issues.The proposition whether parties may submit disputes to arbitration is supported …
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Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …
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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 …
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Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the...
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This paper summarizes and describes important arbitration law cases decided by the Supreme Court and lower courts … during the past year, and analyzes their impact on securities arbitration practice …
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