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Articles 1 - 30 of 52
Full-Text Articles in Law
State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi
State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi
Arbitration Brief
No abstract provided.
Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz
Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz
Arbitration Brief
Arbitration is a favored adjudicatory mechanism because it is efficient, effective, and informal compared to judicial litigation. Scholar Thomas Carbonneau has noted that arbitration is “America’s optimal trial procedure.” The ubiquity of pre-dispute agreements to arbitrate in consumer contracts makes arbitration the dominant method to resolve such disputes. Yet, despite its hallmarks of accessibility and informality, arbitration’s reliance on face-to- face proceedings limits its benefits. Online dispute resolution (ODR) has grown in popularity among e-commerce retailers over the last two decades—and more recently within court systems.5 However, ODR’s rise has not meaningfully affected how pre-dispute agreements to arbitrate are drafted …
Letter From The Editor, Elena Z. Ritchie
Importance Of The Law Applicable To The Arbitration Agreement In International Commercial Arbitration, Marlon M. Meza-Salas
Importance Of The Law Applicable To The Arbitration Agreement In International Commercial Arbitration, Marlon M. Meza-Salas
Arbitration Brief
This article analyzes the law applicable to the arbitration agreement in international commercial arbitration and some of the issues that could arise when the parties do not choose any particular law to govern their arbitration agreement. Parties frequently determine the substantive law that will govern the merit of the dispute and the rules applicable to the arbitration procedure. However, parties generally remain silent about the law that will govern the arbitration agreement itself, which could lead to unexpected or undesired effects before, during, and after arbitration, most of which could be avoided by simply selecting the law applicable to the …
Sovereign Wealth Funds And Investor-State Dispute Settlement: Examining Questions Of Icsid’S Jurisdiction And The Impact Of Investment-Treaty Arbitration, Muhammad Ussama
Sovereign Wealth Funds And Investor-State Dispute Settlement: Examining Questions Of Icsid’S Jurisdiction And The Impact Of Investment-Treaty Arbitration, Muhammad Ussama
Arbitration Brief
The rate of foreign direct investment made by sovereign wealth funds has increased significantly during the past decade. Various concerns raised by host states— especially those located in the developed world—regarding the purposes and objectives of foreign investments made by these funds have led these states to take measures to protect themselves. Countries such as Canada, Germany, and the United States have issued new laws to address these concerns. Due to the broad discretion and flexibility that these laws grant to the governments of the host states, allegations of mistreatment by investors from the Global South, including sovereign wealth funds, …
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Arbitration Brief
No abstract provided.
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitration Brief
No abstract provided.
The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, Henrique Sachetim, Rafael CodeçO
The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, Henrique Sachetim, Rafael CodeçO
Arbitration Brief
No abstract provided.
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
Arbitration Brief
No abstract provided.
Corruption In International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, Deeksha Malik, Geetanjali Kamat
Corruption In International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, Deeksha Malik, Geetanjali Kamat
Arbitration Brief
No abstract provided.
Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes
Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes
Arbitration Brief
No abstract provided.
The Restructuring Plan And The Role Of Foreign Investments In Italian System, Vito Cozzoli, Antonio Morelli
The Restructuring Plan And The Role Of Foreign Investments In Italian System, Vito Cozzoli, Antonio Morelli
Arbitration Brief
No abstract provided.
Letter From The Editor, Gabriel Huertas Del Pino
Letter From The Editor, Gabriel Huertas Del Pino
Arbitration Brief
No abstract provided.
A Case For Investor-State Arbitration Under The Proposed Transatlantic Trade And Investment Partnership, Jessi Patton
A Case For Investor-State Arbitration Under The Proposed Transatlantic Trade And Investment Partnership, Jessi Patton
Arbitration Brief
No abstract provided.
International Arbitration In Asia On The Rise: Cause & Effect, Chiann Bao
International Arbitration In Asia On The Rise: Cause & Effect, Chiann Bao
Arbitration Brief
No abstract provided.
Salient Issues In Arbitration From An Arab Middle Eastern Perspective, Nayla Comair-Obeid
Salient Issues In Arbitration From An Arab Middle Eastern Perspective, Nayla Comair-Obeid
Arbitration Brief
No abstract provided.
The Current State Of Arbitration Clauses Within Native American Tribal Contracts: An Examination Of Binding Arbitration Contracts In Native American Payday Lending, Liliana Burnett
Arbitration Brief
No abstract provided.
International Arbitration In East Asia: From Emulation To Innovation, Joongi Kim
International Arbitration In East Asia: From Emulation To Innovation, Joongi Kim
Arbitration Brief
No abstract provided.
Does The Arbitrators’ Failure To Disclose Conflicts Of Interest Fatally Lead To Annulment Of The Award? The Approach Of The European State Courts, Antonio Crivellaro
Does The Arbitrators’ Failure To Disclose Conflicts Of Interest Fatally Lead To Annulment Of The Award? The Approach Of The European State Courts, Antonio Crivellaro
Arbitration Brief
No abstract provided.
Abusing The System: Domestic Violence Judgments From Sharia Arbitration Tribunals Create Parallel Legal Structures In The United Kingdom, Ashley Nickel
Arbitration Brief
No abstract provided.
Letter From The Editor, Shanila Ali
Why ‘Manifest Disregard’ Survives As An Independent Standard For Vacatur Of Arbitral Awards, Even After Hall Street, Carolina Rizzo
Why ‘Manifest Disregard’ Survives As An Independent Standard For Vacatur Of Arbitral Awards, Even After Hall Street, Carolina Rizzo
Arbitration Brief
No abstract provided.
That Which Must Not Be Named: Rationalizing The Denial Of U.S. Courts With Respect To The Group Of Companies Doctrine, Alexandre Meyniel
That Which Must Not Be Named: Rationalizing The Denial Of U.S. Courts With Respect To The Group Of Companies Doctrine, Alexandre Meyniel
Arbitration Brief
No abstract provided.
Supervisory Jurisdiction Of Indian Courts In Foreign Seated Arbitration: The Beginning Of A New Era Or The End Of Bhatia Doctrine?, Harisankar K. S.
Supervisory Jurisdiction Of Indian Courts In Foreign Seated Arbitration: The Beginning Of A New Era Or The End Of Bhatia Doctrine?, Harisankar K. S.
Arbitration Brief
No abstract provided.
Ethics In International Arbitration: New Considerations For Arbitratorsand Counsel, Silvano Domenico Orsi
Ethics In International Arbitration: New Considerations For Arbitratorsand Counsel, Silvano Domenico Orsi
Arbitration Brief
No abstract provided.
The New Colombian Legal Rules On International Arbitration, Juan Antonio Gaviria
The New Colombian Legal Rules On International Arbitration, Juan Antonio Gaviria
Arbitration Brief
No abstract provided.
The Public Policy Exception In Hong Kong: The Cultural Sliding Scale, David Heller
The Public Policy Exception In Hong Kong: The Cultural Sliding Scale, David Heller
Arbitration Brief
No abstract provided.
Letter From The Editor, Editor
Who Decides Arbitral Timeliness?, Amer Raja, Shanila Ali
Who Decides Arbitral Timeliness?, Amer Raja, Shanila Ali
Arbitration Brief
No abstract provided.