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Dispute Resolution and Arbitration

Boston University School of Law

Ethics

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Full-Text Articles in Law

Equality Of Arms In Arbitration: Cost And Benefits, William W. Park Oct 2015

Equality Of Arms In Arbitration: Cost And Benefits, William W. Park

Faculty Scholarship

Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration, the first being Guidelines adopted by the International Bar Association, the second contained in new arbitration rules promulgated by the London Court of International Arbitration. Each instrument aims to promote a more level playing field on matters where legal cultures differ, such as document production and counsel independence. Each has caused thoughtful commentators to question the need …


The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park Apr 2015

The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park

Shorter Faculty Works

No abstract provided.


Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani Feb 2015

Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …