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Dispute Resolution and Arbitration Commons

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The Function Of The International Court Of Justice In The World Community, Ernest A. Gross 2016 University of Georgia School of Law

The Function Of The International Court Of Justice In The World Community, Ernest A. Gross

Georgia Journal of International & Comparative Law

No abstract provided.


The Function Of The International Court Of Justice In The World Community, James Fawcett 2016 European Commission of Human Rights

The Function Of The International Court Of Justice In The World Community, James Fawcett

Georgia Journal of International & Comparative Law

No abstract provided.


The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat 2016 Foreign and Commonwealth Office

The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat

Georgia Journal of International & Comparative Law

No abstract provided.


A Legal Theory Of Collective Security, David Frolick 2016 North Central College

A Legal Theory Of Collective Security, David Frolick

Georgia Journal of International & Comparative Law

No abstract provided.


Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road 2016 American University

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.


Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers 2016 Penn State Law

Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers

Catherine Rogers

The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.


A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau 2016 Penn State Law

A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau

Thomas Carbonneau

The 1996 United Kingdom Arbitration Act is a remarkable piece of legislation. It is a highly accessible statutory framework both from a linguistic and organizational standpoint. The 1996 Act represents a substantial improvement over prior English arbitration statutes,including the 1979 Act. The new legislation is comprehensive, thorough, cogent and coherent. In its presentation and content, it easily rivals both longstanding and recentlegislative enactments on arbitration. It is built upon a wealth of knowledge and expertise of arbitration law and practice, and embodies a very contemporary and integrated concept of arbitration. This commentary endeavors to highlight and appraise the most ...


A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau 2016 Penn State Law

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Thomas Carbonneau

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.


Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau 2016 Penn State Law

Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau

Thomas Carbonneau

With the growth of international trade, arbitration has emerged as the preferred remedy for disputes in private international commerce. Its adjudicatory features respond well to the sui generis dispute resolution needs of international commercial contracts. Most significantly, an arbitration agreement acts as an elaborate choice-of-forum clause. It allows the parties to satisfy their need for a predictable and effective dispute resolution process by creating a more realistic and workable framework that supersedes the fundamentally parochial alternative proffered by national legal systems. The party autonomy principle that underlies arbitration gives the contracting parties the power to fashion a remedial process tailored ...


Corruption In International Arbitration, Inan Uluc 2016 Penn State Law

Corruption In International Arbitration, Inan Uluc

SJD Dissertations

Corruption represents a great menace to national and international development. It jeopardizes democracy, human rights, and social justice. Consequently, corruption is vehemently abhorred and denunciated by members of the international arbitration arena. Unfortunately, while these players purport repugnance towards corruption and do not condone corrupt acts, there has arisen a misplaced distrust of arbitral process as a proper dispute resolution system. Further, when amalgamating the inherent opaqueness of the arbitral process, its structure founded upon party autonomy, and the clear lack of authority for arbitrators to compel evidence, such distrust persists and encourages belief that arbitration is a venue where ...


The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan 2016 Nova Southeastern University, Shepard Broad College of Law

The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan

Pace Law Review

This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in ...


Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, McCoy Pitt 2016 Pepperdine University

Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt

Pepperdine Law Review

No abstract provided.


Effects Of International Judgments Relating To Awards, Maxi Scherer 2016 Pepperdine University

Effects Of International Judgments Relating To Awards, Maxi Scherer

Pepperdine Law Review

This Article looks at those judgments relating to international arbitral awards (award judgments) and, more precisely, at their extraterritorial effects. It analyzes whether an award judgment rendered in one jurisdiction has effects in other jurisdictions. For instance, if the award has been set aside6 in country A, does the set-aside judgment have effects on enforcement proceedings in country B? Similarly, if country C refuses to enforce an award on the basis that the tribunal has no jurisdiction, does this have a preclusive effect on enforcement proceedings pending in country D? These questions have been addressed in a number of recent ...


Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund 2016 Pepperdine University

Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund

Pepperdine Law Review

Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v. Argentina was widely anticipated and has attracted much notice, and general approval, on the part of the arbitration community. In this paper we assess the Court’s decision from two different perspectives -- the first attempts to situate it in the discourse of the American law of commercial arbitration; the second considers it in light of the expectations of the international community ...


Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong 2016 Pepperdine University

Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong

Pepperdine Law Review

No abstract provided.


Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer 2016 Pepperdine University

Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer

Pepperdine Law Review

No abstract provided.


Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal 2016 Pepperdine University

Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal

Pepperdine Law Review

Delaware has become increasingly active in adopting innovative arbitration laws. In 2009, Delaware adopted a confidential system of “arbitration” conducted by sitting Court of Chancery judges, which was subsequently held unconstitutional as violating the First Amendment right of public access to the courts. In 2015, it enacted the Delaware Rapid Arbitration Act (DRAA), creating a system of expedited arbitration in Delaware. Among other things, the DRAA sets mandatory time limits for the completion of arbitration proceedings (with financial penalties for arbitrators who fail to comply), restricts the degree of court involvement in the arbitration process, and provides for expeditious review ...


Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau 2016 Pepperdine University

Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau

Pepperdine Law Review

No abstract provided.


Introduction: International Arbitration And The Courts, Donald Earl Childress III, Jack J. Coe Jr., Lacey L. Estudillo 2016 Pepperdine University

Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo

Pepperdine Law Review

What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 17, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium ...


The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond 2016 University of Georgia School of Law

The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond

Georgia Journal of International & Comparative Law

No abstract provided.


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