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question in arbitration is to value a disputed asset. However, an arbitrator's expertise typically is law, not economics. How …Whenever a claimant in arbitration prevails, the tribunal must calculate quantum. Indeed, sometimes the central … approach would expedite the arbitration by causing parties to submit more realistic estimates of quantum and to explain in a …
Persistent link: https://www.econbiz.de/10013012338
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...
Persistent link: https://www.econbiz.de/10012967047
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
This paper examines the role of third-party funding (TPF) in international investment arbitration. This can take many … funder, rather than the claimant, bears the expenses involved in the litigation or arbitration. There is little clarity on … the legal aspects of TPF in litigation and arbitration. The position of TPF funders in investment arbitration is even less …
Persistent link: https://www.econbiz.de/10013108739
specter of mandatory arbitration offers an opportunity to take a fresh look at corporate law's theoretical foundations. The …A storm is brewing on the corporate law horizon. Several recent judicial developments, which this Article ties together … for the first time, present the most refined opportunity yet for mandatory arbitration—today prevalent in consumer and …
Persistent link: https://www.econbiz.de/10013231350
Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non … arbitration agreement. This Article studies common concerns associated with binding, pre-dispute arbitration agreements and … relevant throughout the Article, the Article in Part I studies contractual arbitration as a form of alternative dispute …
Persistent link: https://www.econbiz.de/10013289467
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
Dne 9. prosince 2004 přijala Slovenská republika zákony o konkurze a reštrukturalizácii a o správcoch, které byly vyhlášeny pod čísly 7/2005 Z.z. a 8/2005 Z.z. Stalo se tak necelých osmnáct měsíců poté, co vláda Slovenské republiky schválila v červenci 2003 legislativní...
Persistent link: https://www.econbiz.de/10005808665
The first generation of competition laws in Central Eastern Europe-enacted in 1990 and 1991 in Czechoslovakia, Hungary, Poland, and Russia-have undergone significant amendements following their earliest enforcement period.This paper uses an analytical framework previously used to examine those...
Persistent link: https://www.econbiz.de/10005661124
The law and economics literature on contracts and contract enforcement has focused almost exclusively on judicial … negotiated are resolved through arbitration. …
Persistent link: https://www.econbiz.de/10005800096