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Articles 1 - 11 of 11
Full-Text Articles in Law
International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Georgia Journal of International & Comparative Law
No abstract provided.
Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil's Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea Kupfer Schneider, Kathryn Rimpfel
Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil's Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea Kupfer Schneider, Kathryn Rimpfel
Faculty Scholarship
In the past decade, investor-state arbitration has made tremendous gains in both credibility and use. There is now widespread accession to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Washington Convention”). States have executed more than 2,000 bilateral investment treaties (BITs) defining the terms and conditions under which one (“investor”) state’s nationals and companies will invest in the other (“host”) state. Such terms include provisions allowing foreign investors to initiate arbitration proceedings against the host state, and at this point, more than 500 disputes have been submitted to investor-state arbitration. …
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Journal of Dispute Resolution
ADR has become a topical issue in contemporary European procedural private law. Over the past fifteen years, European lawmakers have displayed particular interest in extra-judicial dispute resolution methods as part of a broader effort to promote better access to justice. For example, Directive 2008/52 sets out a framework for the use of mediation in cross-border disputes on civil and commercial matters. The European Commission's influential Recommendations 98/257 and 2001/310, which respectively deal with out-of-court dispute settlements and consensual dispute mechanisms, constitute a starting point for constructing a new approach to ADR. In March of 2013, the European Parliament and the …
Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco
Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco
Max Garcia Sanchez
No abstract provided.
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Harold I. Abramson
The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do? In this article, the author explores the dilemma presented when one neutral …
Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution, Joseph M. Cardosi
Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution, Joseph M. Cardosi
Pepperdine Law Review
This Comment highlights the frustrating road that investors travel in search of assets when states do not honor arbitration awards and discusses how the World Bank Group can unify investor–state arbitrations to preclude such hollow victories for investors. Part II introduces the contemporary framework of investor–state arbitration, including an overview of the International Centre for Settlement of Investment Disputes (ICSID or the Centre), a summary of the scope of noncompliance with investor–state arbitration awards, and the unique ICSID enforcement mechanism used to address challenges to awards and noncompliance. Part III provides examples of the challenges investors face in award execution …
Limits Of Procedural Choice Of Law, S. I. Strong
Limits Of Procedural Choice Of Law, S. I. Strong
Faculty Publications
Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.
Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …
Book Review, Anna Spain
Overview Of Panel: Judges, Diplomats, And Peacebuilders: Evaluating International Dispute Resolution As A System, Anna Spain
Publications
No abstract provided.
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Thomas J. Stipanowich
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …