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2020年6月14日 · Insolvency legislations are designed with domestic economic objectives, aiming to support a state’s economic, social and political goals. Whether insolvency results in reorganization of the debtor or liquidation of his assets, all claims and enforcements against the debtor are extinguished. In case of liquidation, the debtor ceases to have a ...
2020年5月6日 · Preliminary Discovery in International Arbitration: An Australian Perspective. The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of international arbitration, the compromise position adopted by ...
2019年4月10日 · This post presents an overview of online arbitration (e-arbitration’) as part of online dispute resolution (‘ODR’) techniques from both theoretical and practical perspectives. 1) For a more detailed analysis of these issues see: Ihab Amro, Online Arbitration in Theory and in Practice: A Comparative Study of Cross-Border Commercial Transactions in Common Law and Civil Law Countries ...
2010年4月30日 · Piercing the corporate veil may help to give a concrete practical meaning to the object and purpose of an arbitration agreement. However, there are downsides of such piercing which negate many of the benefits which the corporate form offers. Creditors will be in a more difficult position to monitor assets of the corporations they are dealing with.
2022年4月17日 · Ms Lucy Reed is a full-time arbitrator and a Visiting Professor at National University of Singapore. Previously, she was the Co-Head of Freshfields Bruckhaus Deringer’s Global International Arbitration Group. Her prior experience includes acting as the US Agent to the Iran-US Claims Tribunal and as General Counsel of the Korean Peninsula Energy Development Organization (“KEDO ...
2015年10月30日 · Arbitration memes! Fellow Kluwer arbitration blogger, Duarte Henriques, recently started a Facebook page dedicated to discussing topical issues in international arbitration. The page regularly features “memes” all aspects of the practice. Below are a few. When international arbitration meets social media, no one is spared.
2019年7月28日 · Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules, the mediation experience is created by the parties and the mediator ...
