A key feature of arbitration is the possibility for conflicting parties to participate in the selection of the arbitrator, the individual who will rule the case. We analyze this problem of the selection of arbitrators from the perspective of implementation theory. In particular, theoretical analyses document problems with veto-rank, a simultaneous procedure that is commonly used in practice, an...

the propagation of utilization of arbitration as a method of dispute resolution depends on the public confidence in the method. in this regard, the independence of arbitrators and their impartiality are necessary conditions for the realization of such confidence. independence and impartiality of arbitrators ensure a fair trial in arbitration and the lack of aforementioned features makes it impo...

This paper seeks to explore key issues and challenges impacting trade business disputes between China ASEAN countries. Arbitration has become increasingly popular as a dispute resolution mechanism in ASEAN, especially with the rise of cross-border transactions foreign investment. However, there are several associated arbitration region. One major challenge is lack uniformity clarity legal frame...

Contract interpretation is an understudied topic in the economic analysis of contract law. This paper combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the “four corners” rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of “extrinsic nonevi...