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Full-Text Articles in Law

Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf Nov 2020

Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf

Maurer Theses and Dissertations

This study examines the limitations of treaty shopping in international investment law and arbitration by recognizing some steps and factors that states, especially developing states, and arbitral tribunals may consider regarding the purpose and objective of investment agreements and contracting states’ viewpoints. The focus is solely on the multinational corporation as a corporate investor. To understand these limitations, this study has divided the topic through three separate research questions. The first question is how a state can regulate MNCs in a way that limits their ability to practice treaty shopping, whether domestically or internationally via BITs or regional investment agreement, …


The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis Jan 2017

The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis

Articles by Maurer Faculty

This Article discusses a troubling cause of the decline in civil trials — the growing ubiquity of predispute binding arbitration clauses — and discusses tension between roles and responsibilities classically associated with zealous advocacy and the pressing need for new roles and responsibilities associated with ethical dispute system design.

Over the past decade, two interacting patterns have come to encourage transactional attorneys to engage in zealous advocacy when crafting predispute binding arbitration clauses in adhesion contracts. First, recent U.S. Supreme Court jurisprudence broadly defers and delegates authority to those who create such clauses in adhesion contracts with little oversight. Second, …


Claim-Suppressing Arbitration: The New Rules, David S. Schwartz Jan 2012

Claim-Suppressing Arbitration: The New Rules, David S. Schwartz

Indiana Law Journal

Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …


The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin Jan 2012

The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann Jul 2009

International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann

Indiana Journal of Global Legal Studies

Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …


Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel Jan 2000

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver Jan 1996

Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver

Articles by Maurer Faculty

No abstract provided.


Rethinking American Arbitration, Thomas J. Stipanowich Jul 1988

Rethinking American Arbitration, Thomas J. Stipanowich

Indiana Law Journal

No abstract provided.


A Standard For Arbitrators In Subcontracting Disputes Apr 1964

A Standard For Arbitrators In Subcontracting Disputes

Indiana Law Journal

No abstract provided.


Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis Feb 1942

Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis

Indiana Law Journal

Government Publications Review


Arbitration At Common Law In Indiana, Edwin M. S. Steers Dec 1929

Arbitration At Common Law In Indiana, Edwin M. S. Steers

Indiana Law Journal

No abstract provided.


Development Of Commercial Arbitration Law, Paul L. Sayre Jan 1928

Development Of Commercial Arbitration Law, Paul L. Sayre

Articles by Maurer Faculty

No abstract provided.


Two Views Of Commercial Arbitration, Paul L. Sayre Jun 1927

Two Views Of Commercial Arbitration, Paul L. Sayre

Indiana Law Journal

No abstract provided.


Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre Jan 1927

Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre

Indiana Law Journal

No abstract provided.