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Full-Text Articles in Law
Framing The Work Of Icsid Annulment Committees, David D. Caron
Framing The Work Of Icsid Annulment Committees, David D. Caron
David D. Caron
This article summarizes what we know of the performance of the annulment mechanism and examines the current critiques of that mechanism. Specifically, it identifies three criticisms of recent annulment decisions and reflects on why committee members might leave their work open to such criticisms. The article then proceeds to offer five principles intended to frame how annulment committees might approach their work.
Book Review: Singapore Law On Arbitral Awards, By Chan Leng Sun, Sc (Academy Publishing, 2011) 6 World Arbitration And Mediation Review 695-698, David D. Caron
Book Review: Singapore Law On Arbitral Awards, By Chan Leng Sun, Sc (Academy Publishing, 2011) 6 World Arbitration And Mediation Review 695-698, David D. Caron
David D. Caron
No abstract provided.
International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron
International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron
David D. Caron
No abstract provided.
The Independence And Impartiality Of Legal Systems, David D. Caron
The Independence And Impartiality Of Legal Systems, David D. Caron
David D. Caron
As lawyers, we often focus on the independence and impartiality of a judge or of an arbitrator. At least as important, however, is whether the system itself is independent or impartial. This is particularly true given that the task of building robust rule of law around the world is an initiative near the top of many foreign policy lists and that a central component of robust rule of law is the existence of a system of independent and impartial courts and tribunals. But what does it mean to require independence and impartiality at the level of the system rather than …
The Profound Significance Of The Uncc For The Environment, David D. Caron
The Profound Significance Of The Uncc For The Environment, David D. Caron
David D. Caron
The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron
The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron
David D. Caron
Icsid In The Twenty-First Century: An Interview With Meg Kinnear, David D. Caron
Icsid In The Twenty-First Century: An Interview With Meg Kinnear, David D. Caron
David D. Caron
This publication is the transcript of an interview of Meg Kinnear which took place on March 26, 2010 in the context of the Annual Meeting of the American Society of International Law. Meg Kinnear is the Secretary General of ICSID, a part of the World Bank. She assumed this post in June of 2009.
International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron
International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron
David D. Caron
No abstract provided.
The Claims Of Two Gulfs, David D. Caron
The Claims Of Two Gulfs, David D. Caron
David D. Caron
Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to how to adapt his experience with the claims process he devised following the 9/11 attacks. Another mass claims process provides a more apt analogy, however: the very successful mass claims process following the 1991 Persian Gulf War oil well blowouts, fires and oil spills unleashed by then-president Saddam Hussein. In the wake of that disaster, then the largest oil spill in history, a claims commission processed claims from individuals and corporations and also public authorities regarding the environment and health. 19 years later, the experience …
Anticipating The Future, David D. Caron
A Call To Action: Turning The Golden State Into A Golden Opportunity For International Arbitration, David D. Caron, Leah D. Harhay
A Call To Action: Turning The Golden State Into A Golden Opportunity For International Arbitration, David D. Caron, Leah D. Harhay
David D. Caron
This Article highlights the challenges facing California in its efforts to become a center of international arbitration, provides examples of legislation for the California Bar and California State Legislature to consider, and suggests various avenues by which to bring California more fully into the international legal community. In particular, California unintentionally does not allow foreign attorneys to represent their clients in international arbitration conducted in California. Amidst both renewed efforts to make California a more likely seat of international arbitration and a legislative opening to revise this aspect of the law, change in the latter makes the former both possible …
By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay
By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay
David D. Caron
California Code of Civil Procedure §1282.4 and Local Rule 9.43 govern the ability of attorneys who are not members of the State Bar of California to act as counsel in international arbitrations here. Both allow out-of-state attorneys to participate in these arbitrations, but provide no similar provisions for out-of-country attorneys. However, even out-of-state attorneys are not safe. In 2011, when §1282.4 sunsets, out-of-state attorneys will also be barred from appearing as counsel in California-based international arbitrations.
Cargill, Incorporated V. United Mexican States (Icsid Case No. Arb(Af)/05/2) (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of September 18, 2009 (Michael Pryles, President; David D. Caron, Member; Donald Mccrae, Member)., David D. Caron
David D. Caron
A press release notes that in an award issued on 18 September 2009, the NAFTA panel ruled that Mexico violated
several provisions of the North American Free Trade Agreement (NAFTA) by adopting taxation and other measures that favored its own domestic sugar producers over U.S.-owned producers of high fructose corn syrup (HFCS). The panel awarded Cargill $77.3 million in damages plus interest and costs.
The non-public version of the award was issued to the parties
on 18 September 2009. The copy of the award available in bpress is a redacted copy of the award as submitted to the Ontario Superior …
Confronting Ethical Issues In Internartional Arbitration, David D. Caron
Confronting Ethical Issues In Internartional Arbitration, David D. Caron
David D. Caron
No abstract provided.
Glamis Gold Ltd V. The United States Of America (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of June 6, 2009 (Michael K. Young, President; David D. Caron, Member; Kenneth Hubbard, Member)., David D. Caron
David D. Caron
No abstract provided.
Round Table On The Assessment Of The Revision Of The Uncitral Rules On International Commercial Arbitration, David D. Caron
Round Table On The Assessment Of The Revision Of The Uncitral Rules On International Commercial Arbitration, David D. Caron
David D. Caron
No abstract provided.
Remarks On The Change Of Chair In Ita, David D. Caron
Remarks On The Change Of Chair In Ita, David D. Caron
David D. Caron
No abstract provided.
Chair -- 'Assessment Of The Unictral Rules Revision: A Roundtable', David D. Caron
Chair -- 'Assessment Of The Unictral Rules Revision: A Roundtable', David D. Caron
David D. Caron
No abstract provided.
Anticipating The 2009 U.S. “Fairness In Arbitration Act”, David D. Caron, Seth Schreiberg
Anticipating The 2009 U.S. “Fairness In Arbitration Act”, David D. Caron, Seth Schreiberg
David D. Caron
This essaylays out the two views of the possible unintended effects of the likely-to-return 2007 Fairness in Arbitration Act and how the language of the bill may be modified to avoid such potential consequences
Are The Icsid Rules Governing Nationality And Investment Working? – A Discussion, David D. Caron
Are The Icsid Rules Governing Nationality And Investment Working? – A Discussion, David D. Caron
David D. Caron
No abstract provided.
The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron
The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron
David D. Caron
Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron
Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron
David D. Caron
This lecture given at the 100th Annual Meeting of the American Society of International Law explores the lack of agreement on political theory informing scholarship regarding international courts and tribunals. The lecture provides a sketch of such a frame in which the primary object is to identify different generating impulses for courts and tribunals in the international arena. It is not an effort to theorize about which of several forms of institution is chosen ultimately, but instead to understand the impulse to create a court or tribunal at all and therefore the contours of the phenomena that scholars studies.
Justice Alito And Arbitration: His Concurrence In China Minmetals, News And Notes, The Newsletter Of The Institute For Transnational Arbitration, David D. Caron, Rebecca J. Wright
Justice Alito And Arbitration: His Concurrence In China Minmetals, News And Notes, The Newsletter Of The Institute For Transnational Arbitration, David D. Caron, Rebecca J. Wright
David D. Caron
No abstract provided.
Aguas Del Tunari, S.A. V. Republic Of Bolivia, Icsid Case No. Arb/02/3, Decision On Respondent’S Objections To Jurisdiction (21 October 2005) (David D. Caron, President; Henri C. Alvarez, Member; And Jose Luis Alberro-Semerena, Member)., David D. Caron
David D. Caron
No abstract provided.
The World Of Intellectual Property And The Decision To Arbitrate, David D. Caron
The World Of Intellectual Property And The Decision To Arbitrate, David D. Caron
David D. Caron
No abstract provided.
Report And Recommendations Made By The Panel Of Commissioners Concerning The Thirteenth Installment (The Goods & Services Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/2003/10 (26 June 2003), David D. Caron
David D. Caron
No abstract provided.
Report And Recommendations Made By The Panel Of Commissioners Concerning The Eleventh Installment (The Goods & Services Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/2002/22 (3 October 2002), David D. Caron
David D. Caron
No abstract provided.
The Ilc Articles On State Responsibility: The Paradoxical Relationship Between Form And Authority, David D. Caron
The Ilc Articles On State Responsibility: The Paradoxical Relationship Between Form And Authority, David D. Caron
David D. Caron
No abstract provided.
The Iran United States Claims Tribunal: Its Contribution To The Process Of International Claims Resolution, David D. Caron
The Iran United States Claims Tribunal: Its Contribution To The Process Of International Claims Resolution, David D. Caron
David D. Caron
A review of the book by Melissa E. Crow in 97 American Journal of International Law 221 (2003) is attached.
Report And Recommendations Made By The Panel Of Commissioners Concerning The Third Installment (The Transportation Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/1999/22 (9 December 1999), David D. Caron
David D. Caron
No abstract provided.