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Full-Text Articles in Law
Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge
Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge
Scholarly Works
Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …
Infrastructure Development In Emerging Economies And The Roles Played By Multilateral Institutions, Amjad Ahasan Basheer
Infrastructure Development In Emerging Economies And The Roles Played By Multilateral Institutions, Amjad Ahasan Basheer
LLM Theses and Essays
This thesis is a study of the development of long-term infrastructure projects in the emerging economies. The essay addresses the emerging economies’ particular attraction to project finance to bring in much needed foreign investment for implementing infrastructure projects instead of obtaining loans, grants, and assistance from international institutions and wealthy donor countries. While the investors have found new opportunities to invest in the emerging economies, it is not without its own set of risks. To assist both the host nations and the investors, bilateral institutions as well as multilateral institutions provide risk insurance for long-term infrastructure projects. These institutions not …