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Articles 1 - 15 of 15
Full-Text Articles in Law
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
Contributions to Books
ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.
The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …
The Many Faces Of Transparency, Padideh Ala'i
The Many Faces Of Transparency, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
Transcript from the Proceedings of the Annual Meeting of American Society of International Law panel on the "Role of Transparency at the World Trade Organization."
Are Bilateral Investment Treaties And Free Trade Agreements Drafted With Sufficient Clarity To Give Guidance To Tribunals?, Benard Hanotiau
Are Bilateral Investment Treaties And Free Trade Agreements Drafted With Sufficient Clarity To Give Guidance To Tribunals?, Benard Hanotiau
American University Business Law Review
No abstract provided.
Challenges To The Credibility Of The Investor-State Arbitration System, Michael Nolan
Challenges To The Credibility Of The Investor-State Arbitration System, Michael Nolan
American University Business Law Review
No abstract provided.
A Modest Proposal For Preventing Multipartite Arbitrations From Being A Burden To The Parties And For Making Them Beneficial To The Parties, Alexis Martinez, Rostislav Pekar
A Modest Proposal For Preventing Multipartite Arbitrations From Being A Burden To The Parties And For Making Them Beneficial To The Parties, Alexis Martinez, Rostislav Pekar
American University Business Law Review
No abstract provided.
Salient Features Of International Commercial Arbitration In East Asia: A Comparative Study Of China And Japan, Fan Kun
American University Business Law Review
No abstract provided.
The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski
The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski
American University Business Law Review
No abstract provided.
Striking The Right Balance: Limits On The Right To Bring An Action Under Article 263(4) Of The Treaty On The Functioning Of The European Union, Roberto Mastroianni, Andrea Pezza
Striking The Right Balance: Limits On The Right To Bring An Action Under Article 263(4) Of The Treaty On The Functioning Of The European Union, Roberto Mastroianni, Andrea Pezza
American University International Law Review
No abstract provided.
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
American University Law Review
No abstract provided.
The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck
The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
Global Systemic Risk And International Regulatory Coordination: Squaring Sovereignty And Financial Stability, Federico Lupo-Pasini, Ross P. Buckley
Global Systemic Risk And International Regulatory Coordination: Squaring Sovereignty And Financial Stability, Federico Lupo-Pasini, Ross P. Buckley
American University International Law Review
No abstract provided.
The Privatization Of The Use Of Force Meets The Law Of State Responsibility, Vanessa Ballesteros Moya
The Privatization Of The Use Of Force Meets The Law Of State Responsibility, Vanessa Ballesteros Moya
American University International Law Review
No abstract provided.
The Politicization Of Legal Expertise In The Ttip Negotiation, Fernanda Nicola
The Politicization Of Legal Expertise In The Ttip Negotiation, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
No abstract provided.