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Presentation 2 PDF
Presentation 2 PDF
ANTITRUST LAWS
DONEC QUIS NUNC
• Other countries, the United States being one of them, have nearly
move to the opposite end of the products safety law spectrum,
essentially adopting a regime of caveat vendor or seller beware.
• A contract between the parties may have a provision stating that any disputes
arising under that contract will, in lieu of going to court, be heard and decided by
an independent private arbitrator. Indeed, the contract may even specify the
arbitrator (e.g., a prominent former jurist) that will hear any disputes. Arbitration
cases tend to be heard and decided rather quickly; a clear advantage given the
time sensitivity of international business contracts.
• Moreover, absent clear misconduct on the part of the arbitrator (e.g., taking a
bribe from one of the parties), arbitration decisions are almost always deemed
final and binding on the parties – meaning they can’t be appealed to the courts.
Given the finality and binding nature of arbitration decisions, however, it is very
important for parties to make sure they have full confidence in the arbitrator they
agree to hear their dispute(s).