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Articles 1 - 30 of 38
Full-Text Articles in International Law
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe
Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these dispute are limited. This article addresses this gap. It examines the contribution of some of the high-profile ICSID disputes involving African states to the development of international investment law. Notwithstanding the charges against African States in ICSID, I contend that the involvement of African States in ICSID Disputes has contributed to the development of international investment law. In particular, the jurisprudence that …
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Robert B. Ahdieh
Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …
International Investment Law Through The Lens Of Global Justice, Steven Ratner
International Investment Law Through The Lens Of Global Justice, Steven Ratner
Law & Economics Working Papers
The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
Arbitration Law Review
No abstract provided.
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Arbitration Law Review
No abstract provided.
Main Features Of Arbitration In Peru, Cecilia O'Neill De La Fuente, Jose' Luis Repetto Deville
Main Features Of Arbitration In Peru, Cecilia O'Neill De La Fuente, Jose' Luis Repetto Deville
ILSA Journal of International & Comparative Law
Sustained economic growth cannot be achieved if the State does not protect two fundamental pillars that allow private agents to create wealth: contracts and property rights
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
Georgia Journal of International & Comparative Law
No abstract provided.
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Pace International Law Review
This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …
Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong
Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong
Pace International Law Review
This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some cultural …
Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller
Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller
Steven Austermiller
The country of Georgia has a long and interesting history with arbitration. From “telephone justice” to the criminal underworld to legitimacy, Georgian arbitration has survived many iterations. Now, as Georgia begins the EU accession process, it has a new arbitration law that incorporates international norms. This article analyzes the law, explores how arbitration has been implemented thus far, and discusses some of the challenges that remain. Drawing on his U.S. practice experience in arbitration and his work managing legal reform programs in Georgia and other countries, the author recommends some important changes to Georgia’s new arbitration regime. A particular area …
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
Pepperdine Law Review
At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …
Is International Arbitration Universal?, Halil Rahman Basaran
Is International Arbitration Universal?, Halil Rahman Basaran
ILSA Journal of International & Comparative Law
Due to diversity in parties to (e.g., states, international organizations, corporations and indivduals) and subjects of (e.g., state responsibility, investment, commercial transaction, violation of the international commercial contract) international arbitration, it would seem cogent to argue that international arbitration is comprised of many types.
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Georgia Journal of International & Comparative Law
No abstract provided.
Limits Of Procedural Choice Of Law, S. I. Strong
Limits Of Procedural Choice Of Law, S. I. Strong
Faculty Publications
Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.
Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …
Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration And International Investment Arbitration, S. I. Strong
Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration And International Investment Arbitration, S. I. Strong
Faculty Publications
For many years, courts, commentators and counsel agreed that 28 U.S.C. §1782 – a somewhat extraordinary procedural device that allows U.S. courts to order discovery in the United States “for use in a proceeding in a foreign or international tribunal” – did not apply to disputes involving international arbitration. However, that presumption has come under challenge in recent years, particularly in the realm of investment arbitration, where the Chevron-Ecuador dispute has made Section 1782 requests a commonplace procedure. This Article takes a rigorous look at both the history and the future of Section 1782 in international arbitration, taking care to …
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option, Bernardo Sepúlveda
Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option, Bernardo Sepúlveda
Pepperdine Dispute Resolution Law Journal
The changes that have taken place in arbitration conditions, the greater fairness in the arbitration process, and the increasingly stringent qualifications to be met by arbitrators, as well as contemporary economic realities, have been instrumental in causing Mexico's about-face on its approach to arbitration. Although in certain quarters doubts remain in Mexico as to the advantages of international arbitration, it would be ill advised to ignore a legal and political reality. In signing treaties that include an arbitration clause, Mexico has assumed rights and obligations. Politically speaking, a border has already been crossed. In the face of this indisputable fact, …
East Meets West: An International Dialogue On Mediation And Med-Arb In The United States And China, Thomas J. Stipanowich, Jung Yang, Jay Welsh, Chen Qiming, Peter Robinson, Tan Jinghui, Chen Guang, Jeff Kichaven, Denise Madigan, Wang Hongsong, Zhang Jianhua
East Meets West: An International Dialogue On Mediation And Med-Arb In The United States And China, Thomas J. Stipanowich, Jung Yang, Jay Welsh, Chen Qiming, Peter Robinson, Tan Jinghui, Chen Guang, Jeff Kichaven, Denise Madigan, Wang Hongsong, Zhang Jianhua
Pepperdine Dispute Resolution Law Journal
This Second Beijing Arbitration Commission (BAC)/Straus Institute for Dispute Resolution International Videoconference, following up on last year's successful inaugural program, will provide different perspectives on the current BAC initiative and evolving attitudes toward mediation and med-arb. Topics include: (1) the development and current state of business mediation in the U.S.; (2) the challenges and opportunities confronting China in developing stand-alone business mediation; (3) reflections on the skills necessary for mediators; (4) common pitfalls in mediation; (5) perspectives on med-arb (as opposed to stand-alone mediation); and (6) how to most effectively use mediation in conjunction with arbitration procedures.
Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold Abramson
Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold Abramson
Pepperdine Dispute Resolution Law Journal
"Would you like to go to Delhi to train people in negotiations?" the email message inquires. "Are you kidding?" you think to yourself. "Of course, I would get to do in an exotic location what I enjoy doing at home – helping others to resolve conflicts. And I also would meet fascinating people and tour an intriguing city and country with a local host." "YES," you reply after working out the logistical details. Now as you begin to pack your off-the-shelf training materials, you start to wonder how you should adapt your training for this foreign location. You do not …
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Pepperdine Law Review
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …
The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems
The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems
South Carolina Journal of International Law and Business
No abstract provided.
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Antonin I. Pribetic
A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …
Is Open Source Software The New Lex Mercatoria?, Fabrizio Marrella, Christopher S. Yoo
Is Open Source Software The New Lex Mercatoria?, Fabrizio Marrella, Christopher S. Yoo
All Faculty Scholarship
Early Internet scholars proclaimed that the transnational nature of the Internet rendered it inherently unregulable by conventional governments. Instead, the Internet would be governed by customs and practices established by the end user community in a manner reminiscent of the lex mercatoria, which spontaneously emerged during medieval times to resolve international trade disputes independently and autonomously from national law. Subsequent events have revealed these claims to have been overly optimistic, as national governments have evinced both the inclination and the ability to exert influence, if not outright control, over the physical infrastructure, the domain name system, and the content flowing …
Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao
ExpressO
As the world economy and financial markets become increasingly more integrated, cross-boarder securities transaction becomes a daily event. Because Unite States has the world’s largest and arguably most liquid capital markets, it has attracted a significant number of foreign companies to cross-list their stocks in a U.S. stock exchange. Unavoidably, such transactions will not only bring out fortune, but also disputes between transacting parties. Relying on the powerful federal securities law , U.S. investors who have bought or sold such stocks have routinely sued foreign stock issuers through class action when the stock prices went down, alleging their loss is …