entity · derived

Arbitration

13 claims across 4 works, 2004–2025.

Derived node: assembled mechanically from the claims carrying arbitration. A roster, not an adjudicated definition.

Every claim under this term

• 617681-005 2004 design: The authors propose that private ordering can design an adjudication system for European corporate law better than public ordering by Member States that are marketing their corporate laws to managers
• 617681-012 2004 empirical: Delaware itself acknowledges the utility of unbundling statutes from adjudication, though not in its corporate law: its LLC statute specifically allows members or managers to agree in writing to arbit
• 617681-029 2004 design: A single body of arbitrators affiliated through an association is better positioned than the courts of separate Member States to develop a systematic and consistent approach to the conflict of laws pr
• 617681-036 2004 design: Member States should provide in their corporate statutes an arbitration enabling provision allowing corporate charters to mandate arbitration of internal affairs disputes instead of adjudication in na
• 617681-038 2004 failure: Arbitration of corporate governance disputes has not emerged in the United States because arbitration is at best the next best alternative to Delaware, and a second place finish does not justify the i
• 617681-039 2004 condition: Europe has no equivalent of Delaware with which arbitration would have to compete, since incorporation theory is only beginning to take hold and no Member State has established a commanding lead in ma
• 617681-040 2004 failure: One objection to arbitration of corporate governance disputes holds in Europe as in the United States: arbitration as ordinarily used yields little relevant precedent.
• 617681-041 2004 failure: Expert judges in national courts who cannot understand the arguments of lawyers before them or read documents written in another language may not be experts at all, so the American model of state appo
• 617681-042 2004 condition: Unless the Member State of incorporation specifically provides in its corporate statute that arbitration is permissible when allowed in the charter or a shareholders agreement, investors run the risk
• 3125822-031 2018 condition: Smart contracts give insurance against an unfair settlement only under stated conditions, among them that anonymous arbiters are chosen randomly with weight given by their availability stakes and that
• 3782214-032 2021 design: To preserve the efficiency of a self executing code is law smart contract, the appeals process must be built into the code itself, with triggers either party can engage that freeze the encumbered asse
• 3782214-033 2021 condition: Without unifying transcendental ideals, liminal cases will fragment a decentralized network; transcendental values are therefore always necessary to maintain the stability of a network and should be t
• 5887242-014 2025 condition: Where national law demands a counterparty for enforcement, parties may voluntarily designate ad-hoc representatives or arbitral institutions, but such arrangements stay external to the DAO and do not

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