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Arbitral Authority to Reject Unlawful Laws

Jan Paulsson.

in The Idea of Arbitration

November 2013; p ublished online January 2014 .

Chapter. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 13740 words.

This chapter discusses the following: how applicable law means more than statutes and decrees; national checks on unlawful laws; the application of national corrective norms; matters of...

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Average Reciprocity of Advantage

Brian Angelo Lee.

in Philosophical Foundations of Property Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Company and Commercial Law. 16014 words.

This chapter explores the state regulation of property, as in the case of zoning or planning regulations, which do not dispossess owners of their land but which may impose large economic...

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Company Charges

Lord Neuberger.

in Sham Transactions

October 2013; p ublished online January 2014 .

Chapter. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 10040 words.

This chapter examines the relevance of the sham doctrine in cases dealing with company charges. It argues that if sham plays any role in determining whether a company charge is fixed or...

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Defining Property Rights

S. Douglas and B. McFarlane.

in Philosophical Foundations of Property Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Company and Commercial Law. 15244 words.

This chapter focuses on the contested question of the ‘actual nature’ of property law, taking as its focus case law bearing on the definition of property rights. It employs a Hohfeldian...

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Emergent Property

Henry E. Smith.

in Philosophical Foundations of Property Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Company and Commercial Law. 10311 words.

This chapter considers a type of reductionism in property theory, that of a certain kind of anti-conceptualism under which property is not to be conceived of in terms of general concepts...

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Employment Law

A.C.L. Davies.

in Sham Transactions

October 2013; p ublished online January 2014 .

Chapter. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 9088 words.

This chapter examines a recent attempt by the Supreme Court to address the problem of ‘fake’ self-employment in the case of Autoclenz v Belcher. The United Kingdom Supreme Court held that...

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Ethical Challenges

Jan Paulsson.

in The Idea of Arbitration

November 2013; p ublished online January 2014 .

Chapter. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 14420 words.

This chapter focuses on the shortcomings of arbitration. It explores how the providers of arbitral services have sought to design for legitimacy, and to show that since ethical challenges...

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The Idea of Arbitration

Jan Paulsson.

November 2013; p ublished online January 2014 .

Book. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 336 pages.

What is arbitration? This book provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed...

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Images in a Crystal Ball

Jan Paulsson.

in The Idea of Arbitration

November 2013; p ublished online January 2014 .

Chapter. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 23803 words.

Arbitration must adapt to the societies it serves in order to thrive. This chapter considers what those adaptations might be, with particular attention to arbitration of an international...

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The Impulse to Arbitrate

Jan Paulsson.

in The Idea of Arbitration

November 2013; p ublished online January 2014 .

Chapter. Subjects: Company and Commercial Law; Jurisprudence and Philosophy of Law. 14865 words.

This chapter discusses the concept of arbitration. It considers the arbitrator as archetype; arbitral virtues; the dubious historical parallels used by proponents of arbitration to burnish...

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