Law Commons^™

Anticipatory Deference: What Will Courts Decide And Not Decide Before Enforcing An Agreement To Arbitrate?, George A. Bermann

Faculty Scholarship

The question of deference in international arbitration usually arises when the issue before a decision-maker, be it a tribunal or a court, is one that has already been addressed and ruled upon by another decision-maker over an arbitration’s life-cycle. The salience of this question stems from the fact that international arbitration is a highly iterative and staged process over the course of which different actors are successively confronted with the same issue. This is particularly the case in regard to jurisdictional issues because the authority of a tribunal to entertain a dispute is potentially an issue at all stages.

But …

State Liability For Regulatory Change: How International Investment Rules Are Overriding Domestic Law, Lise Johnson, Oleksandr Volkov

Columbia Center on Sustainable Investment Staff Publications

With governments around the world pushing efforts to negotiate and approve mega-investment treaties, it is important to be clear on just what these investment treaties do and do not mean. One issue that is increasingly apparent is that investment treaties are not merely tools to provide protections against abusive regimes and egregious conduct, but are mechanisms through which a small and typically powerful set of private actors can change the substantive content of the law outside the normal domestic legislative and judicial frameworks.

"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan

Scholarly Works

No abstract provided.

The Future Of International Law: Members' Reception And Plenary Panel, Georgetown University Law Center – Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

It is a privilege to follow Judge Owada and to take up the challenge offered by the theme statement of this panel: to assess trends that we perceive to be shifting the future of international law, while also interrogating claims of their newness. Perhaps everything that we think of as new has some resonance with the past.

How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy

LLM Theses and Essays

The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure …

Domestic Enforcement Of International Decisions – Remarks By Lori F. Damrosch, Lori Fisler Damrosch

Faculty Scholarship

I approach this topic first within the centennial framework, and then with attention to the Sanchez-Llamas and Bustillo cases just argued at the Supreme Court, as well as the Medellin case (pending in Texas) and other current problems.

International Law And External Threats To National Parks, Daniel Barstow Magraw

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

41 pages.

Contains references.

Retaliation Or Arbitration – Or Both: The 1978 United States-France Aviation Dispute, Lori Fisler Damrosch

Faculty Scholarship

It began as a very small dispute. Pan American World Airways planned to introduce a service from San Francisco to Paris with a stop in London, using a Boeing 747 aircraft from San Francisco to London and a smaller Boeing 727 aircraft from London to Paris. The change to a smaller plane would have enabled the most efficient and economic use of Pan Am's fleet. In aviation as in railroad terminology, a change along a route to equipment of a different size is called a "change of gauge."

In accordance with French law, Pan Am filed a schedule on February …