Law Commons^™

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

David D. Caron

No abstract provided.

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

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

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

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

David D. Caron

No abstract provided.

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

David D. Caron

No abstract provided.

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

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

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

David D. Caron

No abstract provided.

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

David D. Caron

No abstract provided.

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

David D. Caron

No abstract provided.

Towards A Political Theory Of International Courts And Tribunals, David D. Caron

David D. Caron

This article introduces a new political theory of international courts and tribunals that explains why such bodies look and act as they do. The central insight of the theory is that the design and operation of international courts and tribunals can be understood through a theory of bounded strategic space within which actors in at most five, and at least two, institutional positions contend with one another, or against the space itself, so as to fulfill the logic of their position. The theory is premised on the belief that understanding of international courts and tribunals may be enriched and furthered …

The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron

David D. Caron

The Uncitral Arbitration Rules: A Commentary, David D. Caron, Lee Caplan, Matti Pellonpää

David D. Caron

This commentary takes a unique approach. In addition to the authors’ commentary on the Rules based on their drafting history, the Iran-US Claims Tribunal practice, and the blooming practice of NAFTA Chapter Eleven tribunals and other tribunals constituted in accordance with the UNCITRAL Rules, this work reproduces the actual texts of the procedural decisions of these various sources. The authors’ experiences have repeatedly shown the infinite variations possible on procedural matters. Invariably, commentary misses the particular issue at hand or suffers from not having the particular question as an incentive for more rigorous analysis. For this reason, access to the …

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

David D. Caron

No abstract provided.

The United Nations Compensation Commission For Claims Arising Out Of The 1991 Gulf War: The ‘Arising Prior To’ Decision, David D. Caron

David D. Caron

This article concerns the United Nations Compensation Commission, what came to be known as the “arising prior to” clause of United Nations Security Council Resolution 687 and the decision taken as to what that clause meant. In terms of effect on the docket of the Commission, probably no other decision had equal significance. It also is particularly noteworthy for its articulation of the proper method for interpretation of a Security Council resolution. Before examining the Panel’s decision and its application by the Commission, the article describes the establishment and working method of the Commission so that the reader may appreciate …

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 United Nations Compensation Commission And Marine Environmental Damages Arising From The Gulf War: Tribunal Or Foundation?, David D. Caron

David D. Caron

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Fifteenth Installment (The Trade In Goods & Supply Of 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.26/2003/29 (18 December 2003), David D. Caron

David D. Caron

No abstract provided.

The World Of Intellectual Property And The Decision To Arbitrate, David D. Caron

David D. Caron

No abstract provided.