This Note discussess the usefulness of Online Dispute Resolution (“ODR”) systems in pre-insolvency situations. Traditionally used in bilateral contractual disputes, ODR also presents prospects for expanding access to justice in the insolvency field. Micro, Small, and Medium Enterprises...

Drawing on original survey and focus group data from eastern Uttar Pradesh, we document systematic perceptions of bias in local arbitration processes. Lower caste, female, and poorer disputants are seen as disadvantaged, while arbitrators from dominant groups often downplay such concerns....

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 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...

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...

Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has 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...

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...

This Perspective argues that two global, Beijing-based institutions - the Asian Infrastructure Investment Bank and the International Commercial Dispute Prevention and Settlement Organization - have an opportunity to contribute to the development of a Beijing-based international investment...

Transparency in investment arbitration is a topic of great importance and relevance in the current global economic landscape. Investment arbitration refers to the process by which investors can bring claims against states for alleged breaches of international investment agreements, such as...

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...

Can states avoid lengthy and costly investor-state arbitration proceedings by entering into amicable settlements? While this is always possible in principle, data suggests that states struggle to do so. This Perspective discusses possible structural reforms for states to enable (and encourage)...

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...

Alternative dispute resolution procedures such as arbitration and mediation are the most common methods for resolving wage, contract, and grievance disputes, but they lead to varying levels of success and acceptability of the outcome depending on their design. Some innovative procedures, not yet...

Disagreements over business deals, land boundaries, or loan non-repayment are very common sources of disputes, and courts are congested in developing countries. We evaluate the effects of the government introducing formal "village courts" (VCs) in rural Bangladesh using a randomized controlled...

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...