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Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political … prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and … alternative is to try reforms that seek to make arbitration more closely resemble judging. Some common reforms that have been …
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Australia as a hub for dispute resolution in the Asia-Pacific region. Underlying both the domestic and international arbitration … regimes is the UNCITRAL Model Law It is universally accepted that the success of the new arbitration regime in Australia …The arbitral legislative regime in Australia has recently undergone substantial reform with a view to positioning …
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in arbitration should balance sensitivity toward cost and delay against the parties' interest in due process and correct … decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to …
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Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
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International arbitration is deeply rooted in party autonomy. Parties are free to decide whether they want to resolve … their disputes by arbitration at all; how the arbitral proceedings should be conducted; and who their adjudicators should be … the hallmarks of international arbitration that parties may determine the identity of their arbitrators. It is the …
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