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Full-Text Articles in Law

Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem May 2019

Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem

University of Miami International and Comparative Law Review

In March 2018, Process & Industrial Developments Limited (P&ID) filed a petition at the United States District Court for the District of Columbia to confirm an arbitral award against the Federal Republic of Nigeria. The proceedings were conducted in three phases – jurisdictional, liability, and damages. The arbitration provision in the underlying contract hardly represented a model of clarity. It provided for the application of the Nigerian arbitration act to any dispute between the parties. On the other hand, it specified London as the “venue” of the proceedings. This posed a problem as to whether Nigeria was the juridical seat of ...


Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem Jun 2018

Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem

University of Miami International and Comparative Law Review

No abstract provided.


The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum May 2016

The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum

University of Miami International and Comparative Law Review

No abstract provided.


Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid May 2013

Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid

University of Miami International and Comparative Law Review

International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while ...


The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs Jul 2012

The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs

University of Miami Inter-American Law Review

No abstract provided.


Summary Disposition: The Only Way Out Is Through?, Lauran San Roman Guijarro Apr 2012

Summary Disposition: The Only Way Out Is Through?, Lauran San Roman Guijarro

University of Miami Law Review

No abstract provided.


Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales Jul 2011

Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales

University of Miami Law Review

No abstract provided.


Twenty-Five Years Of The "Prospective Waiver" Doctrine In International Dispute Resolution: Mitsubishi's Footnote Nineteen Comes To Life In The Eleventh Circuit, Joseph R. Brubaker, Michael P. Daly Jul 2010

Twenty-Five Years Of The "Prospective Waiver" Doctrine In International Dispute Resolution: Mitsubishi's Footnote Nineteen Comes To Life In The Eleventh Circuit, Joseph R. Brubaker, Michael P. Daly

University of Miami Law Review

No abstract provided.


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.


Come One, Come All: The New And Developing World Of Nonsignatory Arbitration And Class Arbitration, Michael P. Daly Oct 2007

Come One, Come All: The New And Developing World Of Nonsignatory Arbitration And Class Arbitration, Michael P. Daly

University of Miami 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.


Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus Oct 2004

Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.


Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend Oct 2004

Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend

University of Miami Inter-American Law Review

No abstract provided.


The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa Oct 2004

The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa

University of Miami Inter-American Law Review

No abstract provided.


Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Philip A. Buhler Oct 1995

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Philip A. Buhler

University of Miami Inter-American Law Review

No abstract provided.


Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A. Grigers Naón Jul 1991

Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A. Grigers Naón

University of Miami Inter-American Law Review

No abstract provided.


Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A. Grigers Naón Jul 1991

Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A. Grigers Naón

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.


The Uncitral Model Law On International Commercial Arbitration, Saturnino E. Lucio Jan 1986

The Uncitral Model Law On International Commercial Arbitration, Saturnino E. Lucio

University of Miami Inter-American 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.


The Conduct Of International Arbitration, Sanuek V. Goekjian Oct 1979

The Conduct Of International Arbitration, Sanuek V. Goekjian

University of Miami Inter-American Law Review

No abstract provided.


The Judicial Resolution Of Legal Disputes In The Integration Movements Of The Hemisphere, David J. Padilla Apr 1979

The Judicial Resolution Of Legal Disputes In The Integration Movements Of The Hemisphere, David J. Padilla

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.