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The Origins Of Argentina's Litigation And Arbitration Saga, 2002-2016, Arturo C. Porzecanski
The Origins Of Argentina's Litigation And Arbitration Saga, 2002-2016, Arturo C. Porzecanski
Fordham International Law Journal
The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the US Supreme Court and were settled in 2014. At first glance, the scale of Argentina-related litigation activity might be explained by the sheer size of the government’s 2001 default, the world’s largest-ever up to that point. However, its true origins are to be found in the unusually coercive and aggressive way that the authorities in that country went about …
How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge
How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge
Fordham International Law Journal
The United States is becoming more like Europe, and not in a good way. For a long time, the central difference between antitrust enforcement in the United States and Europe has been that the United States features not only public enforcement, but a vigorous system of private antitrust enforcement, while in Europe, public agencies have had an effective monopoly on antitrust enforcement. But that difference is on the verge of collapsing. We are achieving a form of convergence; but contrary to expectations, this convergence is not coming from recent European efforts to facilitate private enforcement, which have not yet overcome …