Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck Sep 2015

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck

Susan D. Franck

The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …


The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck Sep 2015

The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck

Susan D. Franck

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …


The Crossroads Of Investment Arbitration, Susan Franck Apr 2013

The Crossroads Of Investment Arbitration, Susan Franck

Susan D. Franck

None available.


Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck Apr 2013

Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck

Susan D. Franck

None available.


The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan D. Franck Jan 2013

The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan D. Franck

Susan D. Franck

No abstract provided.


Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck Jan 2013

Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck

Susan D. Franck

William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked. In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …


Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck Dec 2010

Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck

Susan D. Franck

No abstract provided.


Investor-State Disputes: Prevention And Alternatives, Susan Franck Dec 2010

Investor-State Disputes: Prevention And Alternatives, Susan Franck

Susan D. Franck

No abstract provided.


Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck Dec 2006

Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck

Susan D. Franck

No abstract provided.