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Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
University of Miami Law Review
The widespread use and growing preference for international arbitration over cross-border litigation is primarily due to the existence of a clear and straightforward regime for the enforcement of arbitration agreements and awards. Even though this was not always the case, through the appearance of the New York Convention and the United Nations Commission on International Trade Law (“UNCITRAL”) Model Law on International Commercial Arbitration, the treatment and acceptance of international arbitration in different legal regimes has undergone a harmonization process which has served to develop consistency. That harmonization process, however, has not been completed. Several jurisdictions, even within their own …
Investor-State Arbitration: Economic And Empirical Perspectives, Michael Faure, Wanli Ma
Investor-State Arbitration: Economic And Empirical Perspectives, Michael Faure, Wanli Ma
Michigan Journal of International Law
The investor-state arbitration system (“ISA”) was originally modelled on traditional commercial arbitration and was expected to deliver fast, good, and cheap decisions, especially in comparison to domestic court systems. Yet the ISA system has increasingly been criticized, especially by developing countries. Developing countries claim that the system is not cheap, that decision-making increasingly takes a long time, and that arbitrators are biased in favor of investors (often coming from developed countries in the global North) and against states from the developing South. Several developing states have even withdrawn from the ICSID Convention, which governs the settlement of disputes between investors …