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Full-Text Articles in Law
Interim Measures , Marianne Roth
Interim Measures , Marianne Roth
Journal of Dispute Resolution
Traditionally, requests for interim relief have been a construct of courts. However, arbitrators are increasingly being asked to make such rulings themselves. Requesting interim relief from an arbitrator, as opposed to the court, is particularly appealing in international arbitration, where parties often engage in arbitration as a way of avoiding local courts and any home court advantage that may be associated with them. Sometimes, though, interim relief may be unavailable from the arbitral tribunal; for example, when coercion is associated with the requested measure. In such situations, the powers to grant interim measures are shared between arbitral tribunals and courts. …
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Missouri Law Review
This Note will examine whether execution immunity under the FSIA may be considered sua sponte by a district court judge and the broad judicial considerations in preserving the narrow and restrictive view of the FSIA to the attachment of assets of a foreign state. To do this, this Note will review the facts and holding of Walters. This Note will then survey the legal background of sovereign immunity, the adoption of the "restrictive immunity" principle in the U.S., and the creation of the FSIA and the decisions of three appellate courts to adopt the uniform holding that district courts have …