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Essay / Research Paper Abstract
This 20-page paper focuses on two cases of international arbitration: Eco Swiss vs. Benetton and Mitsubishi vs. Soler. The cases point up the importance of arbitrators and their knowledge of competitive law in their rulings. Bibliography lists 10 sources.
Page Count:
20 pages (~225 words per page)
File: D0_MTecoben.rtf
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Unformatted sample text from the term paper:
Once upon a time, arbitration was a tool used by two parties to try to solve disputes without going through lengthy litigation suits. Though arbitration has had a very
rocky history in terms of both U.S. and international law, it finally gained acceptance among the courts as a remedy for disgruntled parties who required a speedy and effective way
to resolve a complaint or a problem. During the past handful of years, however, arbitration itself has run afoul of the court systems, both
in the U.S. and Europe, as arbitrators are demonstrating their ignorance of the law when it comes to international competition and antitrust issues. While this is not to say that
arbitration tribunals need to be made up of those who have law degrees or who are judicial in nature, given the cases that are cropping up before courts the world
over, this is a clear demonstration that arbitrators need to have a little more legal sense when they arbitrate. In this paper, well study
two cases that moved out of the realm of arbitration and into the courts of law because of perceived faulty rulings by arbitrators. Eco-Swiss vs. Benetton, a case that took
up most of the 1990s, involved Netherlands-based Benetton and its problems with Hong Kong-based Eco-Swiss. The other case, Mitsubishi (Japan) vs. Soler (Puerto Rico) brought up similar concerns, but in
this case, antitrust and its ability to be arbitrated was also involved in this. Eco-Swiss vs. Benetton On July 1,m 1986, the Netherlands-based Benetton
entered into a licensing agreement with Eco Swiss and Bulova for an eight-year period (American Society of International Law, 2000). The agreement, which was governed by the business and substantive
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