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- International commercial arbitration (2)
- Anti-suit injunction (1)
- Arbitral process (1)
- Choice of law (1)
- Dispute resolution (1)
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- Disputed election (1)
- Election results (1)
- International conventions and treaties (1)
- Litigation rates (1)
- Margin of litigation (1)
- Negotiated outcome (1)
- New York Convention (1)
- Procedural motions (1)
- Rishi Batra (1)
- St. Mary’s University School of Law (1)
- U.S. federal courts (1)
- Winner take all (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Resolving Disputed Elections Through Negotiation, Rishi Batra
Resolving Disputed Elections Through Negotiation, Rishi Batra
Faculty Articles
Could a disputed election—one in which the winner is not clear and the result is within the "margin of litigation"—be resolved through a negotiated result? Given the "winner take all" nature of these elections, where one candidate ends up holding the office, and all others do not, it would seem that negotiated solutions and other alternative dispute resolution techniques would have no application. This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result.
Microinvestment Disputes, Perry Bechky
Microinvestment Disputes, Perry Bechky
Faculty Articles
Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word “investment” in the Convention establishing the International Centre for Settlement of Investment Disputes (ICSID), although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID arbitration. The Salini debate is central to this field because it shapes the nature, purpose, and volume of ICSID arbitration—and also determines who gets to decide those matters. In particular, Salini’s decision to include “a contribution to development” as an element of its objective definition of …
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Faculty Articles
Thus, this Article aims to provide newcomers to and infrequent users of international commercial arbitration with a brief introduction to the relationship between international arbitral proceedings and U.S. federal courts. Limitations of space mean that a great deal has necessarily been left out of this discussion. For example, this Article does not describe processes internal to the arbitration, instead focusing solely on the interaction between tribunal, parties and court. Furthermore, the text often skips over basic propositions of U.S. law that are well-established in the domestic realm so as to concentrate more heavily on elements that are unique to international …
Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong
Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong
Faculty Articles
National courts are becoming increasingly involved with international commercial arbitration. Although this observation may be disheartening to those who support the autonomy of the international arbitral regime, the continued interaction between courts and tribunals is less troubling to those who view international commercial arbitration as a "hybrid" method of dispute resolution, with numerous opportunities for permissible "border crossings. "
That is not to say that courts can or should become involved with every aspect of arbitration. Instead, impermissible "border incursions" diminish the effectiveness of international commercial arbitration and could erode public or private support for the international arbitral regime. Therefore, …