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Articles 1 - 9 of 9

Full-Text Articles in Law

Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll Oct 2007

Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll

All Faculty Scholarship

Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …


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.


Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel Oct 2007

Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel

Nevada Law Journal

No abstract provided.


Come One, Come All: The New And Developing World Of Nonsignatory Arbitration And Class Arbitration, Michael P. Daly Oct 2007

Come One, Come All: The New And Developing World Of Nonsignatory Arbitration And Class Arbitration, Michael P. Daly

University of Miami Law Review

No abstract provided.


The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers Oct 2007

The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers

Nevada Law Journal

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.


“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic Jan 2007

“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic

Antonin I. Pribetic

While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, "intergalactic") comity within the context of bilateral and multilateral treaty obligations.


The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers Jan 2007

The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers

Journal Articles

Much has been written about the have-nots in domestic litigation and domestic arbitration, with an apparent assumption that their fate was mainly a domestic affair. In recent years, however, internet commerce has brought consumers to the international market, an increasingly globalized workforce has generated a class of international employees, and the link between international trade and human rights has revealed a host of victims. The arrival of these 'have-nots' in international arbitration means that previously latent questions about international arbitration's integrity as a system and role as a mechanism for transnational regulatory governance have been brought to the fore.

Using …


Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini Jan 2007

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Publications

No abstract provided.