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Full-Text Articles in Law
Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller
Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller
Steven Austermiller
The country of Georgia has a long and interesting history with arbitration. From “telephone justice” to the criminal underworld to legitimacy, Georgian arbitration has survived many iterations. Now, as Georgia begins the EU accession process, it has a new arbitration law that incorporates international norms. This article analyzes the law, explores how arbitration has been implemented thus far, and discusses some of the challenges that remain. Drawing on his U.S. practice experience in arbitration and his work managing legal reform programs in Georgia and other countries, the author recommends some important changes to Georgia’s new arbitration regime. A particular area …
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Stephen Joseph Powell
Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …
Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck
Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck
Susan D. Franck
No abstract provided.