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Full-Text Articles in Law
Challenging Arbitral Jurisdiction: The Role Of Institutional Rules, William W. Park
Challenging Arbitral Jurisdiction: The Role Of Institutional Rules, William W. Park
Faculty Scholarship
One oft-discussed element in arbitration law relates to the judicial function in monitoring the basic integrity of the arbitral process, so the case will be heard by a tribunal that not listens before deciding, and which stays within its mission. Arbitrators must remain within the contours of confines of their authority, has been the subject of well-known national judicial decisions applying the hard law of statutes and treaties.
Less-often debated, institutional rules play a vital jurisdiction role in complementing national and international legal norms. The 2012 ICC Arbitration Rules provide an intriguing study of how administrative decisions dovetail into jurisdictional …
Explaining Arbitration Law, William W. Park
Explaining Arbitration Law, William W. Park
Faculty Scholarship
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants.
At such moments, arbitration law normally includes two limbs: first, to hold parties to their bargains to arbitrate; second, to monitor the basic integrity of the arbitral process, so the case will be heard by a fair tribunal that listens before deciding, stays within its mission, and respects the limits of relevant public policy. As we shall see, in applying these principles, the devil lurks in the details of …
Equality Of Arms In Arbitration: Cost And Benefits, William W. Park
Equality Of Arms In Arbitration: Cost And Benefits, William W. Park
Faculty Scholarship
Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration, the first being Guidelines adopted by the International Bar Association, the second contained in new arbitration rules promulgated by the London Court of International Arbitration. Each instrument aims to promote a more level playing field on matters where legal cultures differ, such as document production and counsel independence. Each has caused thoughtful commentators to question the need …
The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park
The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park
Shorter Faculty Works
No abstract provided.
Arbitrator Bias, William W. Park
Arbitrator Bias, William W. Park
Faculty Scholarship
Seeking to bring arbitration into disrepute, an evil gremlin might contemplate two starkly different routes. One route would tolerate appointment of pernicious arbitrators, biased and unable to judge independently. An alternate route to shipwreck, also reducing confidence in the integrity of the arbitral process, would establish unrealistic ethical standards that render the arbitrator’s position precarious and susceptible to destabilisation by litigants engaged in dilatory tactics or seeking to annul unfavourable awards. To reduce the risk of having cases decided by either pernicious or precarious arbitrators, those who establish and apply ethical guidelines walk a tightrope between the rival poles of …
The Impact Of Law On The Right To Water And Adding Normative Change To The Global Agenda, Michael Ulrich
The Impact Of Law On The Right To Water And Adding Normative Change To The Global Agenda, Michael Ulrich
Faculty Scholarship
A resolution was passed at the United Nations Water Conference in 1977 to achieve universal access to sufficient water by 1990. This bar was lowered significantly as part of the Millennium Development Goals (MDGs). However, as the MDGs come to an end this year, even this reduced benchmark will not be reached. Water is inescapably intertwined with every other MDG, as well as the ability to exercise any human right. Consequently, the failure to achieve this goal implores an exploration of its causes. As the global community embarks on setting a new post-MDG agenda, one currently overlooked aspect is the …