Following the judgment of the Court of Justice and especially the Opinion of the Advocate General in the CDC Hydrogen Peroxide case, arbitration agreements on disputes concerning damages for infringements of the competition rules of the TFEU have been interpreted as being contrary to the...

The aim of this article is to analyze the utilization of alternative approaches for resolving tax disputes across various countries worldwide in order to evaluate the feasibility of introducing such approaches in Ukraine. It provides an overview of mediation, which is considered one of the most...

This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and settlement requests are higher for more spiteful...

This article investigates the significance of judicial review of arbitration awards for the continued efficiency and credibility of the arbitration system. It delves into why "judicial intervention" is so necessary for countries whose legislation and seat have been adopted since this guarantees...

Courts do not enforce contracts prohibiting a party from filing for bankruptcy, but what about contracts requiring that any bankruptcy filing and ensuing case be in arbitration rather than in court? This article is the first to envision unanimous arbitration agreements among all the parties to a...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two...

The market for crypto assets has grown rapidly in the last couple of years. Buzzwords like cryptocurrency, Non-fungible tokens (hereinafter “NFTs”) and metaverse have gone viral. Celebrities, artists, pop singers, e-commerce platforms, financial institutes, airlines, and many others are...

The Ministry of Law and Justice in India constituted an expert committee under the Chairmanship of former Law Secretary, Mr T K. Vishwanathan to review and revise Indian Arbitration & Conciliation Act, 1996 to comport with international standards. The committee issued a notice inviting comments...

Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to a contract a flexible and efficient alternative to traditional court litigation, particularly in cross-border transactions. However, the enforceability and effectiveness of...

The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast majority of survey respondents (over 97%) report having opened an account with a company that requires...

The concept and practice of emergency arbitration in India is still at a very nascent stage, primarily because there is no explicit statutory recognition in the codified Indian law on Arbitration. The rising demand for quicker outcomes and greater predictability in enforcement decision-making is...

In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...

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 litigation system are presented, i.e. the economic...

In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act ("FAA") as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads,...

COVID-19 has been a crisis unexpected in scale and nature. It has changed many assumptions that we have about life and work. It has also forced drastic behavioural changes. Dispute lawyers everywhere are not spared. To a large extent, technology and the internet avoided a complete collapse in...

In recent years, advancements in blockchain as well as virtual and augmented reality technologies have led to the emergence of digital environments, commonly referred to as the “metaverse”. These virtual worlds offer users unprecedented ways to interact and conduct business, such as the use...

The Ministry of Law and Justice in India constituted an expert committee under the Chairmanship of former Law Secretary, Mr T K. Vishwanathan to review and revise Indian Arbitration & Conciliation Act, 1996 to comport with international standards. The committee issued a notice inviting comments...

This article explores the involvement of non-governmental organizations (NGOs) in investor-state arbitration, with a specific focus on their growing recognition as amici curiae, or friends of the court. This paper discusses the significance of NGO arguments in addressing failed water...

Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered both the civil justice landscape and the public discourse, one need look no further than the January 2023 filings of hundreds of...

The Digital Services Act tries to split rulemaking and interpretation in content moderation. It mostly leaves providers’ rulemaking discretion intact but constrains the way providers can subsequently use their own policies against individuals. Providers must disclose a broad set of rules...

As it pertains to court cases, the predilection toward a 50% plaintiff win rate is a well-known proposition, first put forward in the Priest-Klein theory (Priest and Klein 1984). Numerous studies have verified this proposition by analyzing the relationship between litigation rates and judgments....

At first glance, it may appear that arbitration and antitrust issues are incompatible. After all, antitrust laws are designed to promote competition and protect the public good, while arbitration is a private process in which parties choose arbitrators to resolve their disputes outside of the...

Foreign investment is the backbone of Maldives economy. However, the proliferation of investment arbitration against the Maldives may deeply hamper its investment regime. Since Maldives Foreign Investment Law does not refers to any preferred mode of dispute settlement, every investment agreement...

This paper examines the intersection of international arbitration and money laundering and corruption in jurisdictions where corruption is endemic, such as some Eastern European countries, to provide insight into the challenges and risks involved in arbitrating. Few sources have addressed the...

Disputes and conflict are inevitable and arise in every facet of business. While litigation is often unavoidable, Alternative Dispute Resolution (“ADR”) provides alternatives to protracted, costly, and public litigation and trials through courts and other public tribunals. Our purpose in...

Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth...

In March 2021, 82-year-old Cecile Wade, who suffered from dementia, was paralyzed by a stroke and admitted to the Evangelical Lutheran Good Samaritan Society Hospital in Florida. According to Cecile’s husband, Glennon, she could neither sign anything nor “comprehend what she would be signing...

The decision in Art Shy v Navistar International Corporation, 781 F.3d 820, 2015) confirmed the uncertain state of U.S. law regarding waiving the right to arbitrate. The Federal Arbitration Act (‘FAA’) provides that a court shall stay a court action commenced in the face of a valid...

Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated...

Since June 2018, Ethiopia has undergone vast legislative reforms. Among these reforms are the amendments to laws regulating Alternative Dispute Resolution (ADR) in the country. With the purpose of promoting ADR, the country amended pre-existing laws, enacted new laws, and ratified international...

Since antiquity, arbitration is well known in the Italian peninsula. Despite the fact that current Italian rules on arbitration are largely in line with those of other jurisdictions, as well as with international legal standards, Italy is generally perceived as a non-friendly arbitration...

In life, there are times and quotes which are unforgettable. Historians can affirm the famous saying, ‘the Bourbon monarchy learnt nothing and forgot nothing from the 1789 French revolution’. This narrative depicts the troubles that befell the French King, Louis XVIII in 1830. Although he...

Recently enacted Rules on commodity arbitration of the Belgrade Arbitration Center (BAC Commodity Arbitration Rules) represent the first set of arbitration rules in Serbia designed for commodity arbitrations. BAC Commodity Arbitration Rules were enacted in order to serve the needs of the...