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International Law

Selected Works

2016

International arbitration

Articles 1 - 4 of 4

Full-Text Articles in Law

International Investment Arbitration: Winning Losing And Why, Susan D. Franck Nov 2016

International Investment Arbitration: Winning Losing And Why, Susan D. Franck

Susan Franck

None available.


The Politics Of International Investment Arbitrators, Catherine A. Rogers Apr 2016

The Politics Of International Investment Arbitrators, Catherine A. Rogers

Catherine Rogers

Arbitrators are the lightning rod for investment arbitration’s most contentious political debates. Investment arbitration was originally conceived as a means to depoliticize international investment law. The regime was designed to extricate investment disputes from national courts and gunboat diplomacy, entrusting them instead to a neutral law-bound process. According to its critics, however, investment arbitration is neither a neutral, nor a legitimate law-bound process. They lay most of the blame with international arbitrators. Critics contend that, instead of law and appropriate policy considerations, investment arbitrators’ decisions are often the product of extra-legal factors — from their own ideology, to the nature …


Restating The U.S. Law Of International Commercial Arbitration, Catherine A. Rogers Apr 2016

Restating The U.S. Law Of International Commercial Arbitration, Catherine A. Rogers

Catherine Rogers

In December 2007, the American Law Institute ("ALI") approved the development of a new Restatement, Third, of the U.S. Law of International Commercial Arbitration (the "Restatement"). On February 23, 2009, the Restaters and authors of this Essay presented a Preliminary Draft of a chapter of the Restatement (the "Draft") at an invitational meeting in New York. The Draft addresses Recognition and Enforcement of Arbitral Awards. This brief Essay provides some reflections of the Reporters from the process of producing and presenting the Draft. Subsequent Drafts have been produced and approved by the ALI.


The Ballad Of Transborder Arbitration, Thomas E. Carbonneau Apr 2016

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

Thomas Carbonneau

International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …