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Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen
Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen
Laws and Legislation Collection
Animal protection statutes are of course extremely valuable, and they might be made even more so if they were formulated to give private rights of action to their beneficiaries--the animals themselves. But what I would like to explore here is the idea of extending common law rights of action to animals. Admittedly, permitting animals to sue in contract and tort now seems fanciful, but my hope is that this article will provide an initial step toward bringing it about.