Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- File Type
Articles 1 - 2 of 2
Full-Text Articles in Law
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck
Susan D. Franck
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
A Gateway Question Of Arbitrability: The Ambiguity Of Article Ii Of The New York Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Of 1958, John Ja Burke
John JA Burke
This article addresses, a well established but unsettled, gateway question of International Commercial Arbitration: who, national courts or arbitral tribunals, has primary competence to decide whether parties have entered into an internationally cognizable arbitration agreement. The flip side of this question implicates the doctrine of Kompetenz/Kompetenz. The uncertainty, for both issues, stems from the legal status accorded to Article (2)(3) of the New York Convention on the recognition and enforcement of foreign arbitral awards of 1958 [1958 NYC or Convention]. Article (2)(3) obliges Courts of a Contracting State to refer parties to arbitration provided two conditions precedent are met thereby …