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Full-Text Articles in Law

Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz Dec 2021

Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz

University of Miami International and Comparative Law Review

This note explores how the lack of binding precedent in both international commercial and investment arbitration affects transparency in arbitral proceedings. As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but problematic as it leaves arbitrators an immense amount of discretion when deciding cases. With many decisions unpublished to maintain confidentiality and those decisions that are published sometimes lack reasoning to support the award, transparency in arbitral proceedings is practically nonexistent. In recent years, there is a trend toward more transparency in certain types of arbitral …


The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian Jul 2019

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration, Amir Seyedfarshi Oct 2017

Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration, Amir Seyedfarshi

Pepperdine Dispute Resolution Law Journal

American courts may enforce and recognize international commercial arbitral awards pursuant to the New York Convention. An arbitral award can be subject of scrutiny before the courts of the country of the seat of arbitration and courts of the seat of arbitration may annul an award. Once an award is annulled, the question is whether a decision to annul an award renders it void, or a court outside of the seat of arbitration may refuse to enforce the judgment annulling the award and enforce the award. Courts may treat the judgment annulling an award as a judgment for the purpose …


International Fisheries Regulation, John P. Rivers Jun 2016

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.


Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim Feb 2016

Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield Sep 2014

Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield

Pepperdine Dispute Resolution Law Journal

The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan Sep 2014

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason Mar 2012

International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason

Pepperdine Dispute Resolution Law Journal

This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …


Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration , Frédéric Gilles Sourgens Feb 2012

Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration , Frédéric Gilles Sourgens

Pepperdine Dispute Resolution Law Journal

The bulk of the comparative work of an arbitration counsel will go towards finding effective means of persuading a tribunal. It is part of his advocacy tool kit. Typically, there are three distinct ways in which counsel would then deploy these tools in practice: (1) he could use comparative law to explain law foreign to the tribunal in a manner helpful to his case, (2) he could use it as a means to close legal gaps in the law applicable to the dispute, and (3) he could use it to extract general principles of international law or trade usages. This …


Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian Feb 2012

Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian

Pepperdine Dispute Resolution Law Journal

Greater reliance on arbitration to resolve cross-border disputes raises concern with the adequacy of arbitration procedural rules. In investment arbitration, transparency in the arbitrable proceedings is closely linked to the public need to review state conduct. This article draws on the responsibility of the arbitrator to balance the interests involved in an arbitration. Due consideration is given to the Global Administrative Law Project, which views many challenges affecting arbitration as the first step towards developing a global unifying standard of procedure. American domestic administrative law provides sufficient guidance in determining adequate procedure. The Mathews standard is of great value to …


Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga Oct 2007

Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga

University of Miami International and Comparative Law Review

No abstract provided.


Five Years Later: The Cms Award Placed In The Context Of The Argentine Financial Crisis And The Icsid Arbitration Boom, Harout Samra Apr 2007

Five Years Later: The Cms Award Placed In The Context Of The Argentine Financial Crisis And The Icsid Arbitration Boom, Harout Samra

University of Miami Inter-American Law Review

No abstract provided.


Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison Oct 2006

Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison

University of Miami Inter-American Law Review

No abstract provided.


Paris, The City Of Arbitration?, Pierre Bellet Jan 1991

Paris, The City Of Arbitration?, Pierre Bellet

University of Miami International and Comparative Law Review

No abstract provided.


Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan Apr 1985

Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.


Inter-American Commercial Arbitration Revisited, C. R. Norberg Jun 1975

Inter-American Commercial Arbitration Revisited, C. R. Norberg

University of Miami Inter-American Law Review

No abstract provided.


Inter-American Commercial Arbitration, C. R. Norberg Feb 1969

Inter-American Commercial Arbitration, C. R. Norberg

University of Miami Inter-American Law Review

No abstract provided.