Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (3)
- International commercial arbitration (3)
- New York Convention (3)
- ADR (2)
- Anti-suit injunction (2)
-
- Arbitral award (2)
- Civil procedure (2)
- Courts (2)
- Discovery (2)
- Enforcement (2)
- Federal Arbitration Act (FAA) (2)
- Federal courts (2)
- For (2)
- Motion practice (2)
- Motion to compel (2)
- Panama Convention (2)
- Practice (2)
- Recognition (2)
- Vacatur (2)
- Alternative dispute resolution (1)
- Arbitration agreement (1)
- Belligerent recognition (1)
- Energy security (1)
- Federal Arbitration Act (1)
- Federalism (1)
- Foreign arbitral award (1)
- Form requirement (1)
- Global public health (1)
- International intellectual property law (1)
- International litigation (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
Faculty Publications
Against a backdrop of state constitutional and legislative initiatives aimed at limiting judicial use of international law, this Article argues that state judges have, by and large, interpreted treaties and customary international law so as to narrow their effect on state law-making prerogatives. Where state judges have used international law more liberally, they have done so to give effect to state executive and legislative objectives. Not only does this thesis suggest that the trend among state legislatures to limit state judges' use of international law is self-defeating, it also gives substance to a relatively unexplored structural safeguard of federalism: state …
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam F. Halabi
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam F. Halabi
Faculty Publications
Lawmakers in developed and developing countries are expanding legal protections for trademarks – words, combinations of colors, signs, letters, numerals, figurative elements and designs meant to convey the origin and quality of firms’ goods or services. The purported rationales underlying trademark protection are promotion of competition and reduction of consumers’ information costs. Trademark law promotes competition by giving trademark holders an incentive to invest in the quality of goods or services and then associate that quality with a relatively easy-to-identify brand, mark or logo. The law punishes private actors who attempt to free-ride on the goodwill built by the trademark …
What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act, S. I. Strong
Faculty Publications
This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. federal court. This issue has recently given rise to both a circuit split and a petition for certiorari to the U.S. Supreme Court, and involves matters of formal validity as well as federal subject matter jurisdiction. The problem arises out of subtle differences in the way an “agreement in writing” is defined in the Federal Arbitration Act (FAA) and the 1958 United Nations Convention on the Recognition and Enforcement of Foreign …
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Faculty Publications
This article provides just that sort of guide, outlining the various ways in which U.S. federal courts can become involved in international commercial arbitration and introducing both basic and advanced concepts in a straightforward, practical manner. However, this article provides more than just an overview. Instead, it discusses relevant issues on a motion-by-motion basis, helping readers find immediate answers to their questions while also getting a picture of the field as a whole. Written especially for busy lawyers, this article gives practitioners, arbitrators and new and infrequent participants in international commercial arbitration a concise but comprehensive understanding of the unique …
Traditions And Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam F. Halabi
Traditions And Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam F. Halabi
Faculty Publications
On February 26 and March 17, 2011, the U.N. Security Council adopted two resolutions authorizing sanctions, referral to the International Criminal Court and military intervention to protect civilians during the Libyan Civil War. Despite these rapid and well-supported interventions, France decided, on March 10, 2011, to recognize the largely anonymous and poorly understood National Transitional Council based in the eastern city of Benghazi as the legitimate representative of the Libyan people. The move both confused its allies and raised a number of legal problems for France, Libya and participants in the multilateral intervention. Nevertheless, Italy, Qatar, the United States, the …
Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong
Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong
Faculty Publications
This essay considers the tension between the autonomous theory of international commercial arbitration and the more interactive theory advanced by Gary Born during his keynote address at the recent “Border Skirmishes” symposium at the University of Missouri School of Law. In his presentation, Born considered the relationship between litigation and international commercial arbitration and distinguished between permissible “border crossings” and impermissible “border incursions.” This essay considers how these concepts play out both in routine interactions between courts and tribunals and more in difficult scenarios, such as those involving anti-suit injunctions. The discussion also presents statistics concerning the amount of ancillary …