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Full-Text Articles in Law
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan
Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan
Pepperdine Dispute Resolution Law Journal
This article will discuss the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”), and how arbitration can be used to best serve victims who were subjected to treatment that is prohibited under the Convention. Part II will give a background on the Convention. Part III will introduce the arbitration provision that is included in Article 30 of the Convention, which is important to the foundation of this article. Additionally, this section will discuss how arbitration works as an Alternative Dispute Resolution procedure, and will highlight some of the benefits of arbitration over litigation. Part …
The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling
The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling
Georgia Journal of International & Comparative Law
No abstract provided.
International Law - Enforcement Of International Centre For Settlement Of Investment Disputes Arbitral Awards In The United States - Signatories To The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States Are Not Entitled To Sovereign Immunity With Respect To Enforcement Of Icsid Arbitral Awards, Liberian Eastern Timber Corp. V. Government Of Republic Of Liberia, 650 F. Supp. 73 (S.D.N.Y.1986), Dorothy B. Franzoni
Georgia Journal of International & Comparative Law
No abstract provided.
Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution, Joseph M. Cardosi
Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution, Joseph M. Cardosi
Pepperdine Law Review
This Comment highlights the frustrating road that investors travel in search of assets when states do not honor arbitration awards and discusses how the World Bank Group can unify investor–state arbitrations to preclude such hollow victories for investors. Part II introduces the contemporary framework of investor–state arbitration, including an overview of the International Centre for Settlement of Investment Disputes (ICSID or the Centre), a summary of the scope of noncompliance with investor–state arbitration awards, and the unique ICSID enforcement mechanism used to address challenges to awards and noncompliance. Part III provides examples of the challenges investors face in award execution …
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Journal of Dispute Resolution
The judicially created doctrine of tribal sovereign immunity was recognized as part of the unique relationship between the United States and these domestic dependent sovereigns. 2 As tribes and tribal organizations enter into more commercial transactions in an effort to promote their self-determination and economic development, they have used sovereign immunity as a "trap for the unsuspecting", leaving the business they enter into an agreement with, without a judicially enforceable remedy for breach of contract.' To remedy this inequity, courts have chipped away at the doctrine of tribal sovereign immunity, finding waivers in commercial contexts where none existed before. In …