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- And Loyalty; Investor-state arbitration; Bilateral investment treaties (1)
- Dispute resolution and arbitration; International investment policy; International law; Protection of Investment Act; South Africa; Bilateral investment treaty regime; Investor-state dispute settlement; International investment regime; Investor-state dispute settlement reform; UNCITRAL; Working Group III; Investment; Investment Law; African Investment Law; South African Investment Law; Exit (1)
- Foreign Sovereign Immunities Act; FSIA; The Supreme Court of the United States; SCOTUS; United States; US; USA; judiciary; executive branch; separation of powers; judicial independence; expropriation; commercial activities (1)
- Pandemic; COVID-19; global; public health; economic and financial crisis; markets; corporations; directors' duty of care; fiduciary duty; small and medium-sized enterprises (SMEs); comparative law; board of directors; civil law; Anglo-American law; corporate governance; venture capital-backed firms; family business firms; United States; Delaware; United Kingdom; Germany; France; Italy; The Netherlands; Gross Domestic Product (GDP); European Union; shareholders; venture capital; capitalism (1)
- United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation; Singapore Convention on Mediation; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; New York Convention; mediation; mediation settlement agreement; international commercial mediation; arbitration; arbitral award; litigation; alternative dispute resolution; med-arb; arb-med; arb-med-arb; United Nations; enforcement mechanism (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Brooklyn Journal of International Law
In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …
The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien
The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien
Brooklyn Journal of International Law
Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation …
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia, Michael Cooper
Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia, Michael Cooper
Brooklyn Journal of International Law
In 1976, Congress set out to remedy the haphazard and politically influenced system by which foreign states were granted sovereign immunity from United States’ courts. Its remedy was the Foreign Sovereign Immunities Act (FSIA), which explicitly put the power to determine whether a foreign state should be granted immunity from a court’s jurisdiction in the hands of the judiciary. Moreover, with some minor exceptions, the FSIA did not explicitly contemplate any involvement from the executive branch in reaching those determinations. However, given that concerns involving foreign relations inherently arise when a foreign state is sued in U.S. courts, the courts …
Are Centralized Cryptocurrency Regulations The Answer? Three Countries; Three Different Directions, Rani Shulman
Are Centralized Cryptocurrency Regulations The Answer? Three Countries; Three Different Directions, Rani Shulman
Brooklyn Journal of International Law
Virtual currencies have undoubtably been a topic of conversation and uncertainty for some time. Many countries have jumped ahead of the industry and regulated cryptocurrencies, while others have taken a back seat to see exactly how the market responds. This Note explores the history behind cryptocurrency and Blockchain and how governments worldwide have dealt with the growing concern regarding regulation of the often volatile and decentralized industry. By way of comparative analysis, this Note examines how China, Switzerland, and the United States have taken measures to either embrace or repudiate the industry, as well as how they have succeeded and …