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Articles 1 - 10 of 10

Full-Text Articles in Law

The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat Apr 2016

The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat

Georgia Journal of International & Comparative Law

No abstract provided.


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 …


Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund Apr 2016

Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund

Pepperdine Law Review

Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v. Argentina was widely anticipated and has attracted much notice, and general approval, on the part of the arbitration community. In this paper we assess the Court’s decision from two different perspectives -- the first attempts to situate it in the discourse of the American law of commercial arbitration; the second considers it in light of the expectations of the international community …


Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong Apr 2016

Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong

Pepperdine Law Review

No abstract provided.


Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas Feb 2016

Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong Jan 2016

Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong

Faculty Publications

For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …


Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China, Roger P. Alford, Julian G. Ku, Bei Xiao Jan 2016

Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China, Roger P. Alford, Julian G. Ku, Bei Xiao

Journal Articles

The Article begins in Part I by discussing the academic literature reviewing China's implementation of the New York Convention with re­spect to foreign arbitral awards. In Part II, the Article lays out the domes­tic legal framework in China for implementing foreign arbitral awards and reviews judicial decisions interpreting the New York Convention. In Part III, the Article reports on the results of its survey of practitioner perceptions and experiences with the Chinese system of enforcing arbitral awards. Finally, in Part IV, the article concludes with a possible explana­tion for continuing skeptical views of China's system of enforcing foreign arbitral awards.


"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel Jan 2016

"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel

St. Mary's Law Journal

Abstract forthcoming.


The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley Jan 2016

The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley

St. Mary's Law Journal

Abstract forthcoming.


Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight Jan 2016

Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight

St. Mary's Law Journal

Abstract forthcoming.