Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
The Cjeu And The Introduction Of International Dispute Settlement Mechanisms Within The Eu: Is Alternative Dispute Resolution In The Eu In Safe Hands?, Tasnim Ahmed
Pepperdine Dispute Resolution Law Journal
This article draws upon the jurisprudence of the Court of Justice of the European Union (CJEU) concerning the role of the international dispute settlement mechanisms operating within the EU legal order. The Court has resisted the introduction of such dispute settlement mechanisms, referring to Articles 267 and 344 of the Treaty of the Functioning of the European Union (TFEU) as justifications for its ‘judicial monopoly’. The Achmea case in particular allows the Court to declare these dispute settlement mechanisms contrary to EU law. However, with the Comprehensive Economic Trade Agreement (CETA) Opinion, the Court itself has permitted the CETA Investment …
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
Pre-Hearing Techniques To Promote Speed And Cost-Effectiveness--Some Thoughts Concerning Arbitral Process Design , Jack J. Coe Jr.
Pre-Hearing Techniques To Promote Speed And Cost-Effectiveness--Some Thoughts Concerning Arbitral Process Design , Jack J. Coe Jr.
Pepperdine Dispute Resolution Law Journal
This essay considers factors and pre-hearing techniques that bear on international arbitration hearings by attempting to answer this question: "What can be done to promote speed and efficiency in the hearing process?" First, it offers general observations, including the goals and by-products of efficiency, issues related to defining terms and frames of reference, the flexibility of arbitration practice techniques, and the role of technology in arbitration proceedings. Then, it discusses specific factors that influence the expeditiousness of arbitration, especially the arbitration clause and its use to define critical elements of the proceedings, such as situs, number of arbitrators, and time …
A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?, Ruth Fenton
Pepperdine Dispute Resolution Law Journal
How should parties and tribunals use experts in international commercial arbitration? Are the common and civil law traditions blurred or blended, or should there be specific practices for international arbitration? To answer these questions, it is necessary to look at the common and civil law approaches to the use of experts in international commercial arbitration. This article will look at circumstances that may require an expert and arbitration laws and rules that assist parties and arbitrators in appointing an appropriate expert. The article highlights and discusses differences and similarities between civil and common law traditions and draws a conclusion as …
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration , Frédéric Gilles Sourgens
Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration , Frédéric Gilles Sourgens
Pepperdine Dispute Resolution Law Journal
The bulk of the comparative work of an arbitration counsel will go towards finding effective means of persuading a tribunal. It is part of his advocacy tool kit. Typically, there are three distinct ways in which counsel would then deploy these tools in practice: (1) he could use comparative law to explain law foreign to the tribunal in a manner helpful to his case, (2) he could use it as a means to close legal gaps in the law applicable to the dispute, and (3) he could use it to extract general principles of international law or trade usages. This …
Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian
Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian
Pepperdine Dispute Resolution Law Journal
Greater reliance on arbitration to resolve cross-border disputes raises concern with the adequacy of arbitration procedural rules. In investment arbitration, transparency in the arbitrable proceedings is closely linked to the public need to review state conduct. This article draws on the responsibility of the arbitrator to balance the interests involved in an arbitration. Due consideration is given to the Global Administrative Law Project, which views many challenges affecting arbitration as the first step towards developing a global unifying standard of procedure. American domestic administrative law provides sufficient guidance in determining adequate procedure. The Mathews standard is of great value to …