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Subject
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Schiedsgerichtsbarkeit 2,051 Arbitration 1,589 Internationale Schiedsgerichtsbarkeit 718 International commercial arbitration 710 Schlichtung 423 Conciliation 419 Welt 373 World 373 Theorie 267 Theory 260 International investment law 207 Internationales Investitionsrecht 207 Auslandsinvestition 193 Foreign investment 192 Zivilprozess 169 Civil litigation 159 USA 136 Rechtsprechung 132 Court decisions 130 Rechtsökonomik 128 Economic analysis of law 126 United States 119 Dispute settlement 111 Konfliktregelung 111 Deutschland 109 Handelskonflikt 101 Trade dispute 101 Haftung 80 Vereinigte Staaten 80 Liability 78 WTO law 76 WTO-Recht 76 EU countries 74 EU-Staaten 74 Law enforcement 73 Rechtsdurchsetzung 73 Verhandlungstheorie 68 Bargaining theory 64 Verhandlungen 63 Negotiations 62
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Online availability
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Free 664 Undetermined 197
Type of publication
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Book / Working Paper 1,212 Article 831 Journal 8
Type of publication (narrower categories)
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Article in journal 521 Aufsatz in Zeitschrift 521 Working Paper 168 Graue Literatur 164 Non-commercial literature 164 Arbeitspapier 149 Aufsatz im Buch 83 Book section 83 Hochschulschrift 48 Collection of articles of several authors 31 Sammelwerk 31 Konferenzschrift 22 Aufsatzsammlung 16 Amtsdruckschrift 14 Government document 14 Thesis 13 Conference paper 7 Conference proceedings 7 Gesetz 7 Konferenzbeitrag 7 Law 7 Mehrbändiges Werk 6 Multi-volume publication 6 Handbook 5 Handbuch 5 Collection of articles written by one author 4 Glossar enthalten 4 Glossary included 4 Lehrbuch 4 Sammlung 4 Textbook 4 Bibliografie 3 Bibliografie enthalten 3 Bibliography included 3 Case study 3 Fallstudie 3 Kommentar 3 Bibliography 2 Guidebook 2 No longer published / No longer aquired 2
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Language
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English 1,525 Undetermined 301 German 170 French 30 Russian 7 Polish 6 Spanish 6 Croatian 3 Dutch 3 Romanian 3 Swedish 3 Czech 1 Hungarian 1 Norwegian 1 Portuguese 1 Slovak 1
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Author
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Bloom, David E. 28 Ashenfelter, Orley 21 Spier, Kathryn E. 20 Farmer, Amy 14 Farber, Henry S. 13 Park, William W. 12 Drahozal, Christopher R. 10 Emons, Winand 10 Fluet, Claude 10 Pritchard, Jeter Connelly 10 Daughety, Andrew F. 9 Pope, Devin G. 9 Price, Joseph 9 Reinganum, Jennifer Freidel 9 Rubinfeld, Daniel L. 9 Wolfers, Justin 9 Bown, Chad P. 8 Dahl, Gordon B. 8 Gabuthy, Yannick 8 Pecorino, Paul 8 Strong, S.I. 8 Charness, Gary 7 Deck, Cary A. 7 Grajzl, Peter 7 Bazerman, Max H. 6 Behn, Daniel 6 Berger, Klaus Peter 6 Brams, Steven J. 6 Cavanagh, Christopher Lorne 6 Che, Yeon-Koo 6 Deffains, Bruno 6 Manzini, Paola 6 Mariotti, Marco 6 Polinsky, Alan Mitchell 6 Reynolds, Kara M. 6 Ware, Stephen J. 6 Yoon, Albert 6 Zajc, Katarina 6 Böckstiegel, Karl-Heinz 5 Chappe, Nathalie 5
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Institution
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National Bureau of Economic Research 18 Board of Arbitration in the Controversy between the Western Railroads and the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen and Enginemen, 1914-1915 10 Brotherhood of Locomotive Engineers (U.S.) 10 Brotherhood of Locomotive Firemen and Enginemen 10 Conference Committee of Managers (Railroads of Western Territory) 10 World Trade Organization 6 Deutschland <DDR> / Ministerium der Justiz 4 International Chamber of Commerce 4 Internationales Arbeitsamt 3 Nomos Verlagsgesellschaft 3 Center for Transnational Law <Münster (Westf)> 2 Deutsche Institution für Schiedsgerichtsbarkeit 2 Europäische Kommission 2 Institut Gosudarstva i Prava <Moskau> 2 OECD / Committee for Information, Computer and Communications Policy / Working Party on Information Security and Privacy 2 Spanien / Subdirección General de Estadísticas Sociales y Laborales 2 Spanien / Subsecretaría de Trabajo e Inmigración / Secretaría General Técnica / Subdirección General de Estadística 2 UNCTAD 2 United States / Congress / House / Committee on Interstate and Foreign Commerce / Subcommittee on Transportation and Aeronautics 2 Verlag C.H. Beck 2 Akademija nauk SSSR. Institut gosudarstva i prava 1 American Arbitration Association 1 American Association of University Professors 1 American Bar Association / Section of International Law and Practice 1 American Bar Association / Section of Labor and Employment Law 1 American Management Association 1 Arbeitnehmer in Handels-, Transport- u. Lebensmittelbetrieben der Schweiz 1 Armidale Industrial Law and Relations Seminar 1981 1 Association of the Bar of the City of New York 1 Bulgarien / Vǔrchoven Dǔržaven Arbitraž 1 Bundessteuerberaterkammer 1 Bureau of National Affairs <Washington, DC> 1 Bureau of National Affairs, -Inc. 1 Bureau of National Affairs, inc. 1 Center for the Study of Industrial Organisation 1 Centre de Recherches Economiques 1 Chambre de commerce internationale 1 Colloquium “The WTO Dispute Settlement Mechanism: A Health-Check” <2014, Brügge> 1 Comité français de l'arbitrage 1 Commercial Intelligence Conference <1, 2004, Luzern> 1
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Published in...
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The journal of world investment & trade : law, economics, politics 63 The arbitration journal : a quarterly of the American Arbitration Association 33 International review of law and economics 29 The journal of legal studies 25 Recht der internationalen Wirtschaft : RIW ; Betriebs-Berater international 20 Working paper / National Bureau of Economic Research, Inc. 19 NBER working paper series 18 NBER Working Paper 17 Paris: Dalloz et Sirey 17 European journal of law and economics 14 The Rand journal of economics 11 The journal of law, economics, & organization 11 Journal of institutional and theoretical economics : JITE 10 World trade review : economics, law, international institutions 9 Discussion paper series / IZA 8 The American economic review 8 The journal of law & economics 8 CESifo working papers 7 Discussion paper / Centre for Economic Policy Research 7 Journal of international economic law 7 Journal of world trade : law, economic policy, public policy 7 Przegla̜d ustawodawstwa gospodarczego 7 Advances in industrial and labor relations 6 Discussion paper series / John M. Olin Center for Law, Economics, and Business, Harvard Law School 6 Games and economic behavior 6 ICC publication 6 IZA Discussion Papers 6 Journal of consumer policy : consumer issues in law, economics and behavioural sciences 6 Pánstwo i prawo : miesie̜cznik 6 Sovetskoe gosudarstvo i pravo : organ Instituta Prava Imeni A. Ja. Vyšinskogo Akademii Nauk SSSR i Vsesojuznogo Instituta Juridičeskich Nauk Ministerstva Justicii SSSR 6 The Harvard John M. Olin discussion paper series 6 Betriebs-Berater / Außenwirtschaftsdienst : Zehntagedienst für Wirtschafts-, Steuer-, Arbeits- u. Sozialrecht 5 Betriebs-Berater / Beilage : Zeitschrift für Recht und Wirtschaft 5 ILR review : a publication of the New York State School of Industrial and Labor Relations, a statutory college of the State University, Cornell University, Ithaca 5 ILR review : the journal of work and policy 5 Labor law journal 5 Review of international political economy 5 Theoretical economics letters 5 Bulletin de droit tchécoslovaque 4 CESifo Working Paper Series 4
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Source
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ECONIS (ZBW) 2,018 EconStor 19 USB Cologne (EcoSocSci) 12 ArchiDok 2
Showing 1 - 50 of 2,051
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Spite in litigation
Mill, Wladislaw; Stäbler, Jonathan - 2023
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...
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Kosten en baten van samen recht vinden : de maatschappelijke waarde van laagdrempelige en vroegtijdige conflictbegeleiding : eindrapport
Eijkel, Remco van; Koopmans, Carl C. - 2022
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Experts and arbitration outcomes : insights from public procurement contract disputes
Detotto, Claudio; Marselli, Riccardo; McCannon, Bryan; … - 2022 - Prima edizione
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An empirical evaluation of environmental Alternative Dispute Resolution methods
Bonev, Petyo; Matsumoto, Shigeru - 2022
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Safeguarding confidential arbitration awards in uncontested confirmation actions
Zamoff, Mitch - In: American business law journal 59 (2022) 3, pp. 505-557
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Settling lawsuits with pirates
Hua, Xinyu; Spier, Kathryn E. - 2022
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The dispute settlement by the court institution between the foundation and its management : a judicial review
Brahmantya, Ida Bagus Bayu; Suyatna, I Nyoman; Rudy, … - In: International Journal of Research in Business and … 11 (2022) 8, pp. 419-425
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Franchisees, Consumers, and Employees : Choice and Arbitration
Emerson, Robert W.; Hunt, Zachary - 2022
Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common...
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The Nigeria/P&ID Arbitration : The Limits of Sovereign Immunity and Nigeria’s Sovereign Prerogative to Resist Enforcement of the Award
Okosa, Chike - 2022
The award of almost ten billion dollars in damages against Nigeria for breach of its contract with P&ID and the leave granted by an English Court to enforce the judgment against Nigeria raises current issues of the practicality of enforcement of a judgment. In answering the question, we, having...
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Bricks and Clicks : Online Dispute Resolution Mechanisms and Implementation of Online Arbitration in Turkey for Cross-Border Business to Consumer E-Commerce Disputes
Kadioglu Kumtepe, Cemre - 2022
The lack of effective legal remedies builds barriers before business to consumer (hereinafter B2C) electronic commerce. In this regard, online dispute resolution (hereinafter ODR) mechanisms remedy this need through offering alternative ways to craft a more reliable market by increasing the...
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The Attitude of Latin American Jurisdictions Towards Arbitration
Okoye, Azubike - 2022
This study analyzes the various key decisions of some Latin American jurisdictions where arbitral awards were sought to be enforced and how the awards or arbitral proceedings were treated by the jurisdictions. The Article demonstrated the improvements made and attitudes adopted by national...
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Bridging Separate Worlds - Application of Human Rights Law in Investment Treaty Arbitration
Gao, Raymond Yang - 2022
As with the proliferation of investor-state treaty arbitration, international investment law has been increasingly caught in a “legitimacy” crisis, with concerns looming large over resultant disruptive effects on human rights. Amid existing scholarship seeking to recalibrate the balance...
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Book Review : Foreign Investment and Investment Arbitration in Asia
Godwin, Andrew - 2022
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Negotiator Behavior Under Arbitration
Bloom, David E.; Cavanagh, Christopher L. - 2022
The emerging empirical literature on the economics of arbitration has focused primarily on the behavior of arbitrators under alternative forms of arbitration. This article suggests that it is natural for empirical economists to now expand their focus to include issues related to the behavior of...
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When Can a Non-Signatory Third-Party Be Bound by An Arbitration Award?
Okoye, Azubike - 2022
Generally, it is a well-settled position of the law that it is only parties to a contract that are imbued with the rights to sue and be sued on the obligations of the contract. Arbitration is the creation of a contract, i.e. consent of both parties can only be invoked by parties or signatories...
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A Light on Dispute Resolution Methods with Special Reference To International Commercial Arbitration
Kadambari, Dr - 2022
Dispute Resolution mechanism refers to that process used in resolving disputes between two or more parties through various ways for example arbitration, mediation and negotiation. This process is not new and it has emerged after the World War 2 and it is commonly known that it was started in...
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Electronic Arbitration Agreement in International Commercial Arbitration
Mohanta, Tejaswa - 2022
During the COVID-era, our world shifted to online dispute resolution mechanisms. The field of information technology has contributed a lot to the development of online dispute resolution systems including arbitration. New electronic contracting tools are being used by businesses all over the...
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Does the Federal Arbitration Act Preempt a California State Law That Permits Aggregate Litigation in a Labor Dispute, Precluding an Arbitration Agreement Signed by the Plaintiff?
Mullenix, Linda S. - 2022
This article discusses Viking River Cruises, Inc. v. Angie Moriana, to be argued to the Supreme Court on March 30, 2022. The Court will address whether California’s Private Attorneys General Act (PACA) permits a plaintiff in a labor dispute to seek relief on behalf of hundreds of claimants and...
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Concerted Arbitration
Heavenrich, Sam - 2022
Companies have broad power to funnel employment disputes into individualized arbitration, thereby preventing employees from vindicating workplace rights in court. Recently, however, plaintiff-side lawyers discovered how to simultaneously file thousands of individual arbitration claims. Faced...
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Importance of Properly Drafted Arbitration Clauses in Commercial Agreements : Nigeria as a Case Study
Okoye, Azubike - 2022
Arbitration clauses constitute one of the salient dispute resolution clauses in legal agreements. One of the well-known essences of having such clauses in agreements —apart from amicable resolution of grievances—is to foster business relationships without the need of proceeding to the...
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The Sinister Turn : the Decolonized African State in ICSID Expropriation Arbitration
Jones, Anthony - 2022
The sinister turn in international law can be defined as the paradox created by successful decolonization efforts when 1) the colonization and decolonization are/were characterized by race, such as in the case of former apartheid states, 2) decolonization reverses the political and legal...
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Secretaries to Arbitral Tribunals : Judicial Assistants Rooted in Party Autonomy
Jensen, Ole - 2022
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. While parties to state court litigation may be able to...
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Arbitration Effect
Ghodoosi, Farshad; Sharif, Monica - 2022
Arbitration is changing American law and its justice system. Critics argue that arbitration leads to claim suppression. Proponents contend that it is cheaper and less formal. These claims, particularly claim suppression, have not been empirically tested. Whether and how arbitration impacts...
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Empirical Models of Arbitrator Behavior Under Conventional Arbitration
Bloom, David E. - 2022
This study analyzes a new set of data on the decisions of conventional arbitrators. The main goal is to draw inferences about the extent to which conventional arbitration decisions are fashioned as mechanical compromises of the parties' final offers, without reference to the exogenous facts...
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Dispute Resolution in the Signaling Model : A Comparison of Arbitration Mechanisms
Pecorino, Paul; Solomon, Michael; van Boening, Mark - 2022
We conduct an experimental analysis of signaling games using three models of arbitration. In the signaling model, the informed party in the dispute makes a settlement demand to the uninformed party. In conventional arbitration (CA), the arbitrator is free to impose her preferred settlement. In...
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A Legal Analysis of Religious Arbitration
Colombo, Ronald J. - 2022
Religious arbitration is on the rise in the United States. Particularly noteworthy is its expansion beyond disputes that are confined to a particular congregation: religious arbitration can now be found in the commercial context, binding customers of religious proprietors and other...
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Arbitrability of Tax Disputes in Commercial and Investment Arbitration
Ezzeldin, Mazin - 2022
The law of taxation is usually one of the hardest fields of law, whether for law students or even practitioners. That fact does not change much when combining taxation with arbitration, but it actually becomes harder and more intricate, the first and main question that always come to mind is...
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Forced Remote Arbitration
Horton, David - 2022
Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings—which once were rare—became common. This shift generated fierce debate about how video trials differ from in-person proceedings. Now, though, most courts have reopened,...
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The Enforceability of Interest Arbitration Agreements Under Section 301(a) of the Labor Management Relations Act
Mayo, Thomas William - 2022
When labor and management representatives enter into negotiations over a dispute, it is with the understanding that the process may not result in agreement between the parties. When the negotiations break down, the dispute often takes the form of economic warfare: a strike against the employer...
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Strategic Litigation : A New Phenomenon in Dispute Resolution
Hess, Burkhard - 2022
Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...
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A Research on the Arbitration Mechanism of Corporate Credit Bond Disputes
Dong, Nuan - 2022
The disputes over corporate credit bonds involve a high level of professionalism and a wide variety of parties. Their proper resolution is essential to maintaining the capital market order and protecting market participants’ rights and interests. Arbitration has the advantages of autonomy,...
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Parallel Proceedings in Indian Arbitration Law : Invoking Lis Pendens
Pathak, Harshad; Panjwani, Pratyush - 2022
The power to appoint arbitrators under Section 11 of the Arbitration and Conciliation Act of 1996 was originally vested with the Chief Justice of India, or a High Court. In 2005, the Supreme Court of India re-characterized it as a judicial function. While the recent amendments have altered the...
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Remedies for Wrongful Conduct : Lessons from Investment Arbitration
Pulkowski, Dirk - 2022
This chapter considers the impact of the case law in investment arbitration proceedings on general international law. The chapter identifies apparent discrepancies between the practices of inter-State courts and tribunals established under general international law, on the one hand, and...
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The failure of the court to protect consumers : a review of consumer dispute resolution in Indonesia
Syamsudin, Muhamad - In: Journal of consumer policy : consumer issues in law, … 44 (2021) 1, pp. 117-130
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Property settlement in RITS
De Freitas, Gabrielle; Fitzgerald, Emilie - In: Bulletin / Reserve Bank of Australia (2021), pp. 12-20
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Court's evidentiary initiative in disputes concerning business to business trading in the Polish civil procedure
Wojdała, Michał - In: European research studies 24 (2021) 4B, pp. 1038-1045
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The (non-)applicability of the Monetary Gold Principle in ICSID arbitration : concerning matters of EU law
Tietje, Christian; Lang, Andrej - Martin-Luther-Universität Halle-Wittenberg / Institut … - 2021
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Alternative Dispute Resolution for Environmental Dispute Resolution
Khare, Rudratiya - 2021
The world stands still, horrified by the wrath of COVID-19, the global economy has been brought down to its knees. The predictions of economic loss at the global stage as a consequence of COVID-19 range as high as $8.8 1 Trillion and it is undeniable that the road to recovery will not be a...
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Investor-State Arbitrators' Duties to Non-Parties
Bechky, Perry S. - 2021
Arbitrators in investor-state disputes plainly owe duties to the parties. They are appointed to do a job and they must do that job and do it well: competently, diligently, ethically, expeditiously, fairly, impartially and independently, and properly. They must act with sound judgment, due care,...
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Online Arbitration Protocols
Schmitz, Amy J.; Mendes, Claire - 2021
Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of...
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Mass Arbitration
Glover, Maria - 2021
For decades, the class action has been in the crosshairs of defense-side procedural warfare. Repeated attacks on the class action by the defense bar, the U.S. Chamber of Commerce, and other defense-side interest groups have been overwhelmingly successful. None was more successful than the...
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Third Party Funding of Investment Arbitration
RPS Submitter, U Iowa Legal Studies; Steinitz, Maya - 2021
This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party...
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Ordering Online Arbitration in the Age of Covid … and Beyond
Schmitz, Amy J. - 2021
Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of...
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Arbitration in Bhutan : A Primer
Sonnenberg, Stephan; Delek, Tashi; Lham, Migmar - 2021
This guidebook was collaboratively written by the first class of students to enter into the Jigme Singye Wangchuck School of Law (JSW Law), Bhutan’s first and only law school. It was originally conceived as a classroom assignment in a course on Alternative Dispute Resolution (ADR). In that...
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Deterrence, Settlement, and Litigation Under Adversarial Versus Inquisitorial Systems
Guerra, Alice; Maraki, Maria; Massenot, Baptiste; … - 2021
This paper analyzes deterrence, settlement, and litigation spending under two alternative procedural regimes, i.e., the adversarial versus inquisitorial systems. We present a general litigation model with three sequential stages---care, settlement, and litigation stages---and we test the...
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Transnational Law and the Choice-of-Law Competence of Arbitral Tribunals in International Commercial Arbitration
Kirchner, Stefan - 2021
It is disputed, whether non-national or transnational law rather than the law of a state, e.g. Swiss law, can be the applicable law in international commercial arbitration, and therefore, if non-national lex mercatoria can be the sole applicable law in International Commercial Arbitration. Even...
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Will the United States Remain Exceptional in Enforcing Predispute Arbitration Clauses in Consumer Contexts?
Schmitz, Amy J. - 2021
“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S....
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Strategic Bargaining Behavior, Self-Serving Biases, and the Role of Expert Agents : An Empirical Study of Final-Offer Arbitration
Ashenfelter, Orley; Dahl, Gordon B. - 2021
In this paper we study the complete evolution of a final-offer arbitration system used in New Jersey with data we have systematically collected over the 18-year life of the program. Covering the wages of police officers and firefighters, this system provides virtually a laboratory setting for...
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Arbitrating Disputes Involving Blockchains, Smart Contracts, and Smart Legal Contracts
Michaelson, Peter - 2021
Blockchain-based distributed ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper evident alternative to conventional transactional modalities, one which also yields enhanced accountability, traceability, and transparency. The inherent benefits, and hence growing adoption...
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Are Arbitrators Biased in ICSID Arbitration? A Dynamic Perspective
Rao, Weijia - 2021
Concerns over arbitrator impartiality and independence in ICSID arbitration have led to reform proposals geared towards a multilateral investment court. Due to the ad hoc nature of appointments, it has been suggested that arbitrators may strategically render decisions in biased ways with the...
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