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ABSTRACT: Final offer Arbitration is an arbitration model slightly different from conventional arbitration. As it was firstly used to resolve conflicts in the American Baseball League, it became known as Baseball Arbitration. Despite its widespread use in other countries, in Brazil it is quite...
ABSTRACT: This paper focuses at the competence-competence rule in Brazil, especially the consequences of the New Civil Procedure Code in the matter (Federal Law 13.105 of 16 March 2015). The New CPC adopts a multi-door Court-House Model and creates a system of Court-annexed ADR. As for...
ABSTRACT: The ICSID tribunal in Venoklim Holding B.V. v. the Bolivarian Republic of Venezuela held in its award that the claimant, though incorporated in The Netherlands, did not qualify as a foreign investor under the ICSID Convention because it was owned by Venezuelan nationals. However, this...
ABSTRACT: This article considers, from the standpoint of an economic approach to law, the regimens for the allocation of costs in international arbitration. The author analyses the manner in which such regimens encourage parties to negotiate or mediate on realistic bases, before or during the...
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