...of the best regimes available for institutional arbitration of international intellectual property disputes. This commentary examines the following aspects of the WIPO Rules and Expedited Rules: 1. WIPO’s recommended arbitration...
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...balance of arbitral centers worldwide? [1] Best States for Business: California, Forbes, https://www.forbes.com/places/ca/ (last visited Feb. 22, 2018). [2] Birbrower v. Superior Court of Santa Clara County, 949 P.2d 1...
Why is California So Behind in International Arbitration and Is ...
...the entire process comes across as somewhat partial at best and completely one-sided or lopsided at worst, it is an unworkable and unsustainable system. Therefore, a fair and just resolution...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
Author: José María de la Jara* Jurisdiction: International Topics: Online Arbitration Cross-Examination Hearing In 1906, John Phillip Sousa traveled to the United States Capitol to talk about a new technology....
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...assets or evidence, or seek other provisional relief until a tribunal had been established in a particular case – a process that, in the best of circumstances, took weeks after...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...critically, the availability of post‑decision implementation tools: self‑executing awards, continuing jurisdiction, compliance benchmarks and forfeiture conditions can convert paper commitments into credible, enforceable obligations. It is these features (amongst a...
International Arbitration as a Tool for Peace
...School E. B. Convers Prize for the best essay on an original legal subject. The author is grateful to Professor Hans Smit of Columbia Law School for his guidance and...
Arbitration Clauses in Public Company Charters: An Expansion of the ...
...in the wrong, was ruled against in the arbitration. That party’s unhappiness is then not justified. On other occasions, dissatisfaction may well be justified. The best evidence of this is...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...flexibility is likely to attract critics. ENKA’S BENEFIT OF CERTAINTY Despite the concerns about Enka narrowing the scope of the law, the decision arguably offers future courts multiple areas of...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...advise them on the procedural forum in which disputes eventually arising between them could best be resolved. A. Several Options In that respect, several options are open to the parties....
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
...use of indemnities. Litigants must encourage lawyers to think creatively and utilise the underdeveloped tort law in Indian jurisprudence. The increased volume of commercial litigation will also create a demand...
The Way Forward: An Analysis of India’s New Guidelines for ...
...primarily to overcome the dangers and problems related to international litigation. It is submitted that a combination of these processes should be aimed for in order to achieve the best...