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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
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...
Persistent link: https://www.econbiz.de/10013036880
arbitration proceedings.THE SUCCESS RATE OF ANNULMENT APPLICATIONS REMAINS LOWApplicants have only succeeded in approximately 12 … applications will likely increase. Annulment (or set-aside) applications in non-ICSID investment arbitration proceedings (i …
Persistent link: https://www.econbiz.de/10014087893
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 is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …
Persistent link: https://www.econbiz.de/10014352506
The problem of "creeping legalism," or incremental formalism, in grievance arbitration cases has been a continuing …
Persistent link: https://www.econbiz.de/10014026892
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
In resolution of international contract disputes, arbitrators may sometimes show greater fidelity than courts to the parties' intentions and established rule of a chosen law, foregoing any policy-making function similar to that sometimes asserted by common law judges. In adjusting international...
Persistent link: https://www.econbiz.de/10013046026
Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …
Persistent link: https://www.econbiz.de/10012987767
on patents as an incentive for innovation, the effectiveness of patents for invention disclosure, patent valuation, and … what we know about the design of patent systems. We also look at what is known about some current policy areas, including … software and business method patents, university patenting, and the growth in patent litigation …
Persistent link: https://www.econbiz.de/10012460887
on patents as an incentive for innovation, the effectiveness of patents for invention disclosure, patent valuation, and … what we know about the design of patent systems. We also look at what is known about some current policy areas, including … software and business method patents, university patenting, and the growth in patent litigation …
Persistent link: https://www.econbiz.de/10013066797