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Full-Text Articles in Law
Recent Developments In Third-Party Funding, Victoria Shannon
Recent Developments In Third-Party Funding, Victoria Shannon
Scholarly Articles
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …
International Investment Arbitration: Winning Losing And Why, Susan D. Franck
International Investment Arbitration: Winning Losing And Why, Susan D. Franck
Scholarly Articles
None available.
Development And Outcomes Of Investment Treaty Arbitration, Susan D. Franck
Development And Outcomes Of Investment Treaty Arbitration, Susan D. Franck
Scholarly Articles
The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this Article explores the role of development status in arbitration outcomes. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The Article then assesses how (1) the development status …
The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan D. Franck
The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan D. Franck
Scholarly Articles
None available.
The Formative Years Of The American Society Of International Law, Frederic L. Kirgis
The Formative Years Of The American Society Of International Law, Frederic L. Kirgis
Scholarly Articles
The writer discusses the establishment and the formative years of the American Society of International Law (ASIL). At the 11th Lake Mohonk Conference, held from May 31 to June 2, 1905, ASIL was conceived by some of the more influential participants in the American peace movement. As the ASIL's 90th year draws to an end, it has partially achieved one of its objectives: fostering the study of international law. However, the ASIL's other objective—to promote the establishment and maintenance of international relations on the basis of law and justice—has been elusive.