Even class arbitration is criticized as leading to a "procedural morass."This Article proposes that parties and arbitral fora opt out of the American procedural morass (and the attendant long-running disputes about American class actions) by adopting an English procedural rule for aggregation. This ...
SEAT-CENTRIC ARBITRATION –DECODING THE INDIAN LAW ON THE CHOICE OF A FOREIGN SEAT Seat-centric arbitration, therefore, has come to be a determinant factor in understanding state practice. India has adopted the UNCITRAL Model Law but has... SR Garimella - 《Social Science Electronic Publishing》...
Wälde quoted a wire report from Dow Jones in Buenos Aires suggesting that Argentina has threatened to deny enforcement of eventual adverse final awards from arbitration panels against the country under ICSID procedures. I wish in such respect to offer the following comments. I assume that most ...
OPTING OUT OF THE PROCEDURAL MORASS: A SOLUTION TO THE CLASS ARBITRATION PROBLEM. American class actions are internationally regarded as a procedural form to avoid, and widely criticised in the United States. They have been narrowed and ... TURNBULL,EMANWEL,JOSEF - 《Widener Law Review》 被引...
One Sick Child Away from Being Fired: When 'Opting Out' is Not an Option Professional women are not the only Americans whose jobs are in jeopardy because of work/family conflict. This report discusses a study of 99 union arbitrations that provide a unique window into how work and family re...
The Chairperson reminded the Commission that draft article # contained an opt-in clause that applied to the whole of chapter # on arbitration 主席提醒委员会第 # 条草案载有选择适用条款,适用关于仲裁的整个第 # 章。 MultiUn Egypt requested further clarification on the fact that the inter-State...
Even class arbitration is criticised as leading to a "procedural morass." This Article proposes that parties and arbitral for a opt out of the American procedural morass (and the attendant long-running disputes about American class actions) by adopting an English procedural rule for aggregation. ...
An Uneasy Conjunction: Opting Out and the Arbitration System Historically, opting out provisions have been highly circumscribed and have not resulted in the development of a separate bargaining stream. This paper examines the operations of the opting out provisions of the Industrial Relations Act .....
W盲lde quoted a wire report from Dow Jones in Buenos Aires suggesting that Argentina has threatened to deny enforcement of eventual adverse final awards from arbitration panels against the country under ICSID procedures. I wish in such respect to offer the following comments. I assume that most ...
Opting Out of ICSID and BITs: Legal and Economic EffectsSummary In the last decade, the InternationalCenter for Settlement of Investment Disputes ("ICSID") has become much morevisible due to it administering a rising number of arbitrations. Whereas ...L. Burger...