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- Abstract: International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators (1)
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Articles 1 - 30 of 31
Full-Text Articles in Law
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Susan D. Franck
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck
Susan D. Franck
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck
Susan D. Franck
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
Foreign Investments And The Market For Law, Erin O'Connor, Susan Franck
Foreign Investments And The Market For Law, Erin O'Connor, Susan Franck
Susan D. Franck
In this Article, Professors O’Hara O’Connor and Franck adapt and extend Larry Ribstein’s positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policymaking discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.
Reviewing José E. Alvarez, The Public International Law Regime Governing International Investment, Susan Franck
Reviewing José E. Alvarez, The Public International Law Regime Governing International Investment, Susan Franck
Susan D. Franck
None available.
The Crossroads Of Investment Arbitration, Susan Franck
The Crossroads Of Investment Arbitration, Susan Franck
Susan D. Franck
None available.
Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck
Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck
Susan D. Franck
None available.
International Investment Arbitration: Winning Losing And Why, Susan Franck
International Investment Arbitration: Winning Losing And Why, Susan Franck
Susan D. Franck
None available.
Rationalizing Costs In Investment Treaty Arbitration, Susan Franck
Rationalizing Costs In Investment Treaty Arbitration, Susan Franck
Susan D. Franck
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations - including the costs of lawyers for both sides, as well as administrative and tribunal expenses - are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more than 10% of an average award. The data suggested a lack of certainty about total costs, which parties had ultimate liability for costs, and the justification …
The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan Franck
The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan Franck
Susan D. Franck
None available.
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Susan D. Franck
The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this Article explores the role of development status in arbitration outcomes. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The Article then assesses how (1) the development status …
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Susan D. Franck
William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked. In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Susan D. Franck
No abstract provided.
Bridging The Divide Between Theory And Practice, Susan Franck, Leah Harhay
Bridging The Divide Between Theory And Practice, Susan Franck, Leah Harhay
Susan D. Franck
No abstract provided.
Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck
Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck
Susan D. Franck
No abstract provided.
Investor-State Disputes: Prevention And Alternatives, Susan Franck
Investor-State Disputes: Prevention And Alternatives, Susan Franck
Susan D. Franck
No abstract provided.
Costs In Investment Arbitration, Susan Franck
Through The Looking Glass: Understanding Social Science Norms For International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Susan D. Franck
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
Foreign Direct Investment, Investment Treaty Arbitration And The Rule Of Law, Susan Franck
Foreign Direct Investment, Investment Treaty Arbitration And The Rule Of Law, Susan Franck
Susan D. Franck
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Susan D. Franck
With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a litigation explosion, commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …
An Empirical Analysis Of Investment Treaty Awards, Susan Franck
An Empirical Analysis Of Investment Treaty Awards, Susan Franck
Susan D. Franck
No abstract provided.
Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck
Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck
Susan D. Franck
No abstract provided.
Sanctions For Frivolous Challenges To Arbitration Awards, Susan Franck
Sanctions For Frivolous Challenges To Arbitration Awards, Susan Franck
Susan D. Franck
No abstract provided.
Transforming Into An International Lawyer, Susan Franck
Transforming Into An International Lawyer, Susan Franck
Susan D. Franck
No abstract provided.
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Susan D. Franck
No abstract provided.
"Borrowing" Help? Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck
"Borrowing" Help? Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck
Susan D. Franck
No abstract provided.
International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck
International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck
Susan D. Franck
Occidental v. Ecuador is the first claim under a bilateral investment treaty claim involving tax issues. This case comment analyzes the tribunal's award and offers a critique of both the analysis and the conclusion. This comment suggests that the tribunal may have gone further than necessary in its analysis of arbitrary measures impairing investment, failed to engage in a sector-by-sector analysis of national treatment, and compressed the analysis of separate rights into one broad test for evaluating fair and equitable treatment. The comment concludes that Occidental may best be understood as confined to its unique facts lest there be larger …
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future?, Susan Franck
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future?, Susan Franck
Susan D. Franck
The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of substantive treaty rights. This article evaluates the positive and negative attributes of such inconsistencies and the impact upon the rule of law. The article recommends building safeguards into the current dispute resolution process to minimize the negative impact of inconsistency and maximize its positive attributes.
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
Susan D. Franck
No abstract provided.
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Susan D. Franck
International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article examines the nature of the relationship between the parties and the arbitrators. It then explores how a variety of countries address the issues of arbitrator liability or immunity from the common law, civil law and Islamic law perspectives. The article ultimately recommends the adoption of a qualified immunity standard, which balances the needs for arbitrators to function independently …