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University of Miami Law School

International arbitration

Comparative and Foreign Law

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Full-Text Articles in Law

Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz Dec 2021

Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz

University of Miami International and Comparative Law Review

This note explores how the lack of binding precedent in both international commercial and investment arbitration affects transparency in arbitral proceedings. As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but problematic as it leaves arbitrators an immense amount of discretion when deciding cases. With many decisions unpublished to maintain confidentiality and those decisions that are published sometimes lack reasoning to support the award, transparency in arbitral proceedings is practically nonexistent. In recent years, there is a trend toward more transparency in certain types of arbitral …


Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga Oct 2007

Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga

University of Miami International and Comparative Law Review

No abstract provided.


Five Years Later: The Cms Award Placed In The Context Of The Argentine Financial Crisis And The Icsid Arbitration Boom, Harout Samra Apr 2007

Five Years Later: The Cms Award Placed In The Context Of The Argentine Financial Crisis And The Icsid Arbitration Boom, Harout Samra

University of Miami Inter-American Law Review

No abstract provided.


Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison Oct 2006

Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison

University of Miami Inter-American Law Review

No abstract provided.


Paris, The City Of Arbitration?, Pierre Bellet Jan 1991

Paris, The City Of Arbitration?, Pierre Bellet

University of Miami International and Comparative Law Review

No abstract provided.


Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan Apr 1985

Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.


Inter-American Commercial Arbitration Revisited, C. R. Norberg Jun 1975

Inter-American Commercial Arbitration Revisited, C. R. Norberg

University of Miami Inter-American Law Review

No abstract provided.


Inter-American Commercial Arbitration, C. R. Norberg Feb 1969

Inter-American Commercial Arbitration, C. R. Norberg

University of Miami Inter-American Law Review

No abstract provided.