Showing 1 - 10 of 34,185
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
designs over less attractive ones. It relies upon a data set that includes all design patent decisions from 1982 until 2010 in … which a court made a final determination of validity or infringement, with every design patent at issue therein classified … legal doctrine and empirical data reflect a decline in the importance of aesthetic considerations in design patent decisions …
Persistent link: https://www.econbiz.de/10014165060
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
This first comprehensive empirical study on provisional measures in investment treaty arbitration examines more than a … arbitration rules and measures requested as well as the cases most frequently relied upon by international tribunals.The study … arbitration rules, the types of provisional measures, the requirements for the granting of provisional measures, as well as the …
Persistent link: https://www.econbiz.de/10012858533
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 … confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational …
Persistent link: https://www.econbiz.de/10013036266
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
Persistent link: https://www.econbiz.de/10013074028