Search results for "arbitration"
showing 10 items of 56 documents
On Ibn Ezra's Procedure and Shapley Value
2014
We examine ibn Ezra's procedure (Rabinovitch 1973; O'Neill 1982) historically used to solve the Rights Arbitration problem in the general framework of bankruptcy problems. When the greatest claim is larger than or equal to the estate, the procedure is a maximal game (Aumann 2010). However, when the greatest claim is smaller than the estate, the axioms of efficiency (the whole estate is distributed) and satiation are difficult to satisfy simultaneously. We discuss both axioms to show that their importance and necessity are radically different. From then, for the part of the estate not covered by the greatest claim, we examine four possible procedures: the minimal overlap rule, Alcalde et al.…
PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea
2023
European Papers - A Journal on Law and Integration, 2022 7(3), 1131-1139
ARBITRATION AND ADR, COMPONENTS OF THE NEW PARADIGM OF THE JUSTICE IN THE MODERNITY
2018
Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.
De como la incorporación de las ADR convierte el Derecho Procesal en Derecho de los medios de tutela del ciudadano (How the Incorporation of ADR in P…
2012
Spanish Abstract: La nueva realidad que la sociedad global nos presenta destaca un dato indudable: los procesos judiciales y los tribunales del Estado se muestran en la actualidad desbordados, sobredimensionados en todos los sectores del ordenamiento juridico (personal, material, presupuestario) y han experimentado, paralelamente a la sofisticacion de la litigiosidad, una imposibilidad de asumir con todas las garantias el derecho a la tutela judicial efectiva. Esa profusion de la conflictividad en calidad y cantidad es el dato innegable desde el que hay que afrontar un nuevo escenario de la solucion de conflictos y de la resolucion de la litigiosidad que, allende los tribunales de justicia …
The BRICS Centres of Dispute Resolution: causes, state of the art, and prospects
2023
The idea of an enhanced cooperation and exchange of knowledge and best practices among its member states in the fields of trade, commerce, and investments -among others- is at the heart of BRICS. In fact, intra-BRICS trade has nearly tripled over the last decade, supported by an increase in intra-regional trade for all member countries. Thanks to their influential and remarkable progress in promoting local currency (for de-dollarisation purposes), regional FDI, and regional trade, the BRICS economies have emerged and have taken a new space in the twenty-first century. This reinforced one of the core objectives pursued by BRICS which is that of enhancing the five developing economies’ role i…
OHADA: Lei da arbitragem e a harmonizaçao do direito comercial em Africa
2008
L'aricolo esamina il regime dell'arbitrato nell'ambito del diritto commerciale armonizzato dell'OHADA.
Recent Developments in International Investment Law
2016
International investment law remains a fast evolving and vibrant field of law with ongoing and recently-concluded investment treaty negotiations continually altering the status quo. It is a system at a crossroads of reform, generally focused on safeguarding the right of the host state to regulate and on improving the investor-state dispute settlement (ISDS) mechanism. But reform may also come into play in more far-reaching ways and significant changes are likely to see the day in the near future. One such change concerns the institutional architecture of the resolution of investment disputes, with the possible establishment of a permanent investment court and/or the introduction of an appel…
Trade law and trade flows
2019
This paper develops and estimates a model to study the effect of improving the quality of commercial trade law on trade flows. We focus on improvements aimed to privately resolve disputes among trading partners: international commercial arbitration and conciliation. The main novelty of the model is to explicit the balance between the contractual quality of importer and exporter (contractual distance) in an environment with informational frictions (contractual noise). Using a structural gravity estimation with high‐dimensional fixed effects, the main contribution of the empirical exercise is to confirm previous results and unravel new traits that align with our theoretical results. Arbitrati…
Arbitration: A Piece of the New Paradigm of Justice for the 21st Century
2016
Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.
Economic sanctions in international arbitration
2018
Historically, economic sanctions, as options of foreign policy, are aimed on changing the behavior of the target state and its regime. In a very extreme situation, economic sanctions can be used in a comprehensive manner, which means prohibiting all kinds of financial transactions with the sanctioned state. The aforesaid policy necessarily constitutes a significant influence on the commercial relations between individuals within a sanctioned state and their international contractual relations. The imposed sanctions can cause obstacles for performing contractual obligations, s can lead to the disputes in international arbitration. Nowadays, the issue of sanctions in international arbitration…