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Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Christiana Ochoa
Christiana Ochoa* Abstract The Odious Debt Doctrine has limped along in the legal imagination for over 100 years and by some estimates even since Aristotle. In recent years, and particu-larly in recent months, legal theorists and practitioners have attempted to define the contours and details of this controversial and undeveloped doctrine. This Article looks at the generally agreed upon characteristics of the odious debt doctrine and considers the spill-over effects and externalities that would ensue if this doctrine were ever made regularly operative. Many commentators have noted the in-creased costs of borrowing and lending that would result from the doctrine. …
Ex Aequo Et Bono: De-Mystifying An Ancient Concept, Leon E. Trakman
Ex Aequo Et Bono: De-Mystifying An Ancient Concept, Leon E. Trakman
Leon E Trakman Dean
The ancient concept, ex aequo et bono, holds that adjudicators should decide disputes according to that which is “fair,” and in “good conscience”. Despite its long history in international adjudication and even though it is enshrined in the Charter of the Permanent Court of International Justice, the concept of ex aequo et bono is often avoided on grounds that it operates outside of law, or is deemed to be contrary to law. This article argues that the concept has a valuable and emerging significance in modern law. It is ideally suited to resolving disputes between parties who are engaged in …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
“LEGAL TRADITIONS” AND INTERNATIONAL COMMERCIAL ARBITRATION The Common and Civil Law systems have guided the enactment of major codes, laws and guidelines that regulate international commercial arbitration. From the doctrine of freedom of contract to the procedural rules governing arbitration hearings, international arbitration has built its legal culture around these two traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these traditions over international commercial arbitration. Is the American tradition of law practice too litigious to serve as a viable model for international commercial arbitration? Is arbitration unduly preoccupied …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
The Common and Civil Law traditions underpin international commercial arbitration. From the doctrine of freedom of contract to the procedures governing arbitral hearings, international arbitration has built its legal culture around these two great traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these legal traditions over modern arbitration. Is the practice of law in the United States too litigious to serve as a viable model for international commercial arbitration? Is the culture of international arbitration unduly steeped in the Common and Civil Law at the expense of other …
Finding Harmony With Uncitral Model Law: Contemporary Issues In International Commercial Arbitration In India After The Arbitration And Conciliation Act Of 1996 , Sandeep S. Sood
Finding Harmony With Uncitral Model Law: Contemporary Issues In International Commercial Arbitration In India After The Arbitration And Conciliation Act Of 1996 , Sandeep S. Sood
Sandeep S. Sood, J.D.
Abstract India’s international commercial arbitration system has undergone substantial changes over the past decade with India’s sudden emergence as a global economic power. The Arbitration and Conciliation Act of 1996 was enacted in response to address extreme latency in the court system, attract foreign direct investment, and to establish India as a viable forum for international commercial arbitration. While the enactment of the 1996 Act has proven largely successful on these fronts, significant problems remain in providing interim measures of protection, enforcing and challenging arbitral awards, defining arbitral subject-matter, challenging and removing biased arbitrators. Not coincidentally, tensions remain greatest in …
Finding Harmony With Uncitral Model Law: Contemporary Issues In International Commercial Arbitration In India After The Arbitration And Conciliation Act Of 1996 , Sandeep S. Sood
Finding Harmony With Uncitral Model Law: Contemporary Issues In International Commercial Arbitration In India After The Arbitration And Conciliation Act Of 1996 , Sandeep S. Sood
Sandeep S. Sood, J.D.
India’s international commercial arbitration system has undergone substantial changes over the past decade with India’s sudden emergence as a global economic power. The Arbitration and Conciliation Act of 1996 was enacted in response to address extreme latency in the court system, attract foreign direct investment, and to establish India as a viable forum for international commercial arbitration. While the enactment of the 1996 Act has proven largely successful on these fronts, significant problems remain in providing interim measures of protection, enforcing and challenging arbitral awards, defining arbitral subject-matter, challenging and removing biased arbitrators. Not coincidentally, tensions remain greatest in areas …