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Making Investment Arbitration Work For All: Addressing The Deficits In Access To Remedy For Wronged Host State Citizens Through Investment Arbitration, Emmanuel T. Laryea 2018 Monash University

Making Investment Arbitration Work For All: Addressing The Deficits In Access To Remedy For Wronged Host State Citizens Through Investment Arbitration, Emmanuel T. Laryea

Boston College Law Review

The current dominant system for resolving international investment disputes is the Investor-State Dispute Settlement system or, more precisely, the Investor-State Arbitration system (ISA). The ISA system has proved to be an effective avenue for remedy for foreign investors whose investments are wrongfully impaired by host states. However, the system is not accessible to Host State Citizens (HSCs) whose interests may be harmed by investors. Wronged HSCs can seek redress in domestic fora only. The domestic fora in many jurisdictions leave many wronged HSCs without remedy, a problem that has long been acknowledged. This Essay proposes a solution. It proposes that ...


Expansive Disclosure: Regulating Third-Party Funding For Future Analysis And Reform, Rachel Denae Thrasher 2018 Boston University

Expansive Disclosure: Regulating Third-Party Funding For Future Analysis And Reform, Rachel Denae Thrasher

Boston College Law Review

Third-party funding (TPF) is a relatively new phenomenon in the field of international investment arbitration. TPF takes place when a non-party to a dispute provides funding to one of the parties (usually the claimant) in return for a percentage of the amount recovered. International investment arbitration is a unique context, however, because investor-states dispute settlement puts States always in the role of respondent and private investors in the role of claimants. Despite this apparent imbalance, TPF proponents argue, among other things, that it provides much needed access to justice for poorer clients and adds value to the system by providing ...


Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu 2018 Michigan State University College of Law

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Peter K. Yu

No abstract provided.


Crossfertilizing Isds With Trips, Peter K. Yu 2018 Texas A&M University School of Law

Crossfertilizing Isds With Trips, Peter K. Yu

Peter K. Yu

In the past few years, investor-state dispute settlement (ISDS) has garnered considerable scholarly, policy and media attention. Such attention can be partly attributed to the negotiation of the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership (TTIP). It can also be attributed the growing use of ISDS to address international disputes involving intellectual property investments. Recent examples include Philip Morris’s now-failed attempts to challenge the tobacco control measures in Australia and Uruguay and Eli Lilly's equally unsuccessful effort to invalidate the patentability requirements in Canada.

Written for a symposium on investor-state arbitration, this article focuses on the ...


Third Party Funding In International Investor-State Arbitration, Frank J. Garcia, Kirrin Hough 2018 Boston College Law School

Third Party Funding In International Investor-State Arbitration, Frank J. Garcia, Kirrin Hough

Boston College Law School Faculty Papers

No abstract provided.


Singapore Case Note Part 2: What Happens When A Party To A Mediated Settlement Agreement Has A Change Of Heart?, Nadja ALEXANDER, Shou Yu CHONG 2018 Singapore Management University

Singapore Case Note Part 2: What Happens When A Party To A Mediated Settlement Agreement Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong

Research Collection School Of Law

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we focused on one of the plaintiff’s (Mdm Chan) allegations, namely that the co-mediators put pressure on her to sign the MSA. As readers will recall, the High Court found there was no evidence to substantiate this claim. However this was not Mdm Chan ...


Premature Service Of Payment Claims Under The Building And Construction Industry Security Of Payment Act: Audi Construction Pte Ltd V Kian Hiap Construction Pte Ltd, Benjamin Joshua ONG 2018 Singapore Management University

Premature Service Of Payment Claims Under The Building And Construction Industry Security Of Payment Act: Audi Construction Pte Ltd V Kian Hiap Construction Pte Ltd, Benjamin Joshua Ong

Research Collection School Of Law

In Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd, the Singapore Court of Appeal considereda payment claim to have been validly served although it was served earlier thanthe contractually stipulated date. This was because the service of the paymentclaim was “effective” only from the contractually stipulated date, and theclaimant had had a “good reason” to serve the payment claim early. This notecritically examines the reasoning in Audi vis-à-vis the existing law, the principleof freedom of contract, and the intentions of the parties in that case. In theabsence of future judicial elaboration on the “effective service” and “goodreason” doctrines ...


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


C-Drum News, Fall 2018, 2018 University of Maryland Francis King Carey School of Law

C-Drum News, Fall 2018

The C-DRUM News

No abstract provided.


Siac - Simc's Arb-Med-Arb Protocol, Hussin AZIAH, Kück CLAUDIA, Nadja ALEXANDER 2018 Singapore Management University

Siac - Simc's Arb-Med-Arb Protocol, Hussin Aziah, Kück Claudia, Nadja Alexander

Research Collection School Of Law

In conjunction with its launch on 5 November 2014, the Singapore International MediationCentre (SIMC), in collaboration with the Singapore International Arbitration Centre (SIAC),introduced the Arbitration-Mediation-Arbitration (Arb-Med-Arb) Protocol (the AMA Protocol), aprocess that aims at combining the benefits of these two most prominent alternative disputeresolution tools.


The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky 2018 Penn State Dickinson Law

The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky

Dickinson Law Review

The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.

The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly ...


Singapore Case Note: What Happens When A Party To An Msa Has A Change Of Heart?, Nadja ALEXANDER, Shou Yu CHONG 2018 Singapore Management University

Singapore Case Note: What Happens When A Party To An Msa Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong

Research Collection School Of Law

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful to reflect on the Singapore Court’s attitude towards mediation in light of the introduction of the Singapore Mediation Act (No. 1 of 2017) – which has been in effect since 1 November 2017 – and the emergence of the draft Singapore Convention on Mediation, which ...


The New York Convention: A Self-Executing Treaty, Gary B. Born 2018 Wilmer Cutler Pickering Hale and Dorr LLP

The New York Convention: A Self-Executing Treaty, Gary B. Born

Michigan Journal of International Law

The thesis of this Article is that uncertainty regarding the Convention’s status as a self-executing treaty of the United States is unwarranted and unfortunate. Instead, both the Convention’s provisions for recognition and enforcement of arbitration agreements (in Article II) and of arbitral awards (in Articles III, IV, V, and VI) should be regarded as self-executing and directly applicable in U.S. (and other national) courts. As discussed in detail below, this is because Article II establishes mandatory, complete, and comprehensive substantive rules, directed specifically to national courts, for the recognition and enforcement of international arbitration agreements. Likewise, the ...


... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution, 2018 Marquette University Law School

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution

Marquette Law Review

None.


The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez 2018 Texas A&M University School of Law

The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The paper is a response piece to Deborah Hensler and Damira Khatam’s new article, Re-inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Their main argument regarding the public-private distinction is that the arbitral procedure has changed as a consequence of the substantive issues resolved in this particular ADR system. According to them the arbitral system, which was originally conceived for commercial purposes, has become another way of litigating public law, but without the accountability mechanisms attached to public courts. In this paper, I agree in large ...


A Closed Mouth Gonna Get You Nothin’: How Conflict Is Handled After Diversity And Inclusion Training, Enrico E. Manalo 2018 University of Massachusetts Boston

A Closed Mouth Gonna Get You Nothin’: How Conflict Is Handled After Diversity And Inclusion Training, Enrico E. Manalo

Graduate Masters Theses

Diversity and Inclusion training is often used in organizations to engage with the increasing demographic diversity in the United States. However, many organizations continue to base their trainings and initiatives on a paradigm which was primarily motivated to prevent litigation, rather than to ensure economic opportunity for all. Over time, such Diversity efforts failed in many documented instances to ensure such opportunities and in fact, created a host of unwanted side-effects, such as employee turnover, job dissatisfaction, and misconceptions regarding the soundness of Diversity and Inclusion efforts.

However, a number of organizations have undertaken Diversity and Inclusion efforts in earnest ...


Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia 2018 The Catholic University of America School of Law

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Adr Empirical Research Studies (Summer 2013-Summer 2018), James Coben, Donna Steinstra 2018 Mitchell Hamline School of Law

Adr Empirical Research Studies (Summer 2013-Summer 2018), James Coben, Donna Steinstra

ADR Empirical Research Studies

No abstract provided.


Im Skaugen Se V Man Diesel & Turbo Se [2018] Sghc 123, Adeline CHONG 2018 Singapore Management University

Im Skaugen Se V Man Diesel & Turbo Se [2018] Sghc 123, Adeline Chong

Research Collection School Of Law

In IM Skaugen SE v MAN Diesel & Turbo SE [2018] SGHC 123, the Singapore High Court had the occasion to discuss and resolve various meaty private international law issues. The facts concerned the alleged negligent or fraudulent misrepresentation by the defendants on the fuel consumption of a specific model of engine that was sold and installed into ships owned by the plaintiffs. The issue before the court was whether the Singapore courts had jurisdiction over the misrepresentation claim. The defendants were German and Norwegian incorporated companies so the plaintiffs applied for leave to serve the writ out of Singapore. This ...


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