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Dispute Resolution and Arbitration Commons™
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Full-Text Articles in Dispute Resolution and Arbitration
Investor-State Arbitration: Economic And Empirical Perspectives, Michael Faure, Wanli Ma
Investor-State Arbitration: Economic And Empirical Perspectives, Michael Faure, Wanli Ma
Michigan Journal of International Law
The investor-state arbitration system (“ISA”) was originally modelled on traditional commercial arbitration and was expected to deliver fast, good, and cheap decisions, especially in comparison to domestic court systems. Yet the ISA system has increasingly been criticized, especially by developing countries. Developing countries claim that the system is not cheap, that decision-making increasingly takes a long time, and that arbitrators are biased in favor of investors (often coming from developed countries in the global North) and against states from the developing South. Several developing states have even withdrawn from the ICSID Convention, which governs the settlement of disputes between investors …
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Michigan Journal of International Law
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.
The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter
The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter
Michigan Journal of International Law
Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore
The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld
The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld
Michigan Journal of International Law
In particular, by focusing on selected aspects of the international procedure of international arbitration, as well as on different approaches to the problem of choosing the source of the law to be applied, the author hopes to give the outsider some feeling for the process, and some perception of how international arbitration is different both from domestic arbitration and from litigation in national courts. The author has an additional purpose, as well, however, though: to be sure not to sound too pretentious about it. Focusing on the record, on discovery, on examination of witnesses, and on choosing a choice of …