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Full-Text Articles in Law

The Uncitral Arbitration Rules: A Commentary, David D. Caron, Lee Caplan, Matti Pellonpää Jan 2006

The Uncitral Arbitration Rules: A Commentary, David D. Caron, Lee Caplan, Matti Pellonpää

David D. Caron

This commentary takes a unique approach. In addition to the authors’ commentary on the Rules based on their drafting history, the Iran-US Claims Tribunal practice, and the blooming practice of NAFTA Chapter Eleven tribunals and other tribunals constituted in accordance with the UNCITRAL Rules, this work reproduces the actual texts of the procedural decisions of these various sources. The authors’ experiences have repeatedly shown the infinite variations possible on procedural matters. Invariably, commentary misses the particular issue at hand or suffers from not having the particular question as an incentive for more rigorous analysis. For this reason, access to the …


Foreword To In Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration Xix-Xxi (Cambridge University Press, Russell A. Miller & Rebecca Bratspies, Eds.)., David D. Caron Dec 2005

Foreword To In Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration Xix-Xxi (Cambridge University Press, Russell A. Miller & Rebecca Bratspies, Eds.)., David D. Caron

David D. Caron

No abstract provided.


Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron Dec 2005

Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron

David D. Caron

This lecture given at the 100th Annual Meeting of the American Society of International Law explores the lack of agreement on political theory informing scholarship regarding international courts and tribunals. The lecture provides a sketch of such a frame in which the primary object is to identify different generating impulses for courts and tribunals in the international arena. It is not an effort to theorize about which of several forms of institution is chosen ultimately, but instead to understand the impulse to create a court or tribunal at all and therefore the contours of the phenomena that scholars studies.


Justice Alito And Arbitration: His Concurrence In China Minmetals, News And Notes, The Newsletter Of The Institute For Transnational Arbitration, David D. Caron, Rebecca J. Wright Dec 2005

Justice Alito And Arbitration: His Concurrence In China Minmetals, News And Notes, The Newsletter Of The Institute For Transnational Arbitration, David D. Caron, Rebecca J. Wright

David D. Caron

No abstract provided.