Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 31
Full-Text Articles in Law
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Karen Halverson Cross
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.
Brief Of Arbitration Professors As Amici Curiae In Support Of Respondents, At&T Mobility Llc V. Concepcion, 131 S.Ct. 1740 (Supreme Court Of The United States 2011) (No. 09-893), Karen H. Cross
Karen Halverson Cross
No abstract provided.
China’S Wto Accession: Economic, Legal, And Political Implications , Karen Halverson
China’S Wto Accession: Economic, Legal, And Political Implications , Karen Halverson
Karen Halverson Cross
This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which wro accession has …
Debt Relief, In Encyclopedia Of International Economic Law (Krista Nadakavukaren Schefer & Thomas Cottier, Eds., Edward Elgar, Forthcoming 2016)., Karen Cross
Karen Halverson Cross
No abstract provided.
The Extraterritorial Reach Of Sovereign Debt Enforcement, Karen Halverson Cross
The Extraterritorial Reach Of Sovereign Debt Enforcement, Karen Halverson Cross
Karen Halverson Cross
No abstract provided.
The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross
The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross
Karen Halverson Cross
A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Karen Halverson Cross
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …
United States - Subsidies On Upland Cotton, Recourse To Article 21.5 Of The Dsu By Brazil, 103 Am. J. Int'l L. 110 (2009), Karen Cross
Karen Halverson Cross
No abstract provided.
Privatization In The Yugoslav Republics, 25 J. World Trade 43 (1991), Karen Cross
Privatization In The Yugoslav Republics, 25 J. World Trade 43 (1991), Karen Cross
Karen Halverson Cross
No abstract provided.
Gregory C. Shaffer, Defending Interests: Public-Private Partnerships In Wto Litigation, 39 J. World Trade 387 (2005), Karen Cross
Gregory C. Shaffer, Defending Interests: Public-Private Partnerships In Wto Litigation, 39 J. World Trade 387 (2005), Karen Cross
Karen Halverson Cross
No abstract provided.
King Cotton, Developing Countries And The "Peace Clause": The Wto's U.S. Cotton Subsidies Decision, 9 J. Int'l Econ. L. 149 (2006), Karen Cross
Karen Halverson Cross
No abstract provided.
Foreign Direct Investment In Indonesia: A Comparison Of Industrialized And Developing Country Investors, 22 Law & Pol'y Int'l Bus. 75 (1991), Karen H. Cross
Foreign Direct Investment In Indonesia: A Comparison Of Industrialized And Developing Country Investors, 22 Law & Pol'y Int'l Bus. 75 (1991), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Arbitration As A Means Of Resolving Sovereign Debt Disputes, 17 Am. Rev. Int'l Arb. 335 (2006), Karen Cross
Arbitration As A Means Of Resolving Sovereign Debt Disputes, 17 Am. Rev. Int'l Arb. 335 (2006), Karen Cross
Karen Halverson Cross
No abstract provided.
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Karen Halverson Cross
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross
Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross
Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
Karen Halverson Cross
No abstract provided.
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
Karen Halverson Cross
This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …
Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross
Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross
Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Upholding Delocalized Enforcement Of Icsid Awards, Karen Cross
Upholding Delocalized Enforcement Of Icsid Awards, Karen Cross
Karen Halverson Cross
No abstract provided.
U.S. Supreme Court Denies Certiorari And Affirms Discovery In Bondholder Litigation Against Argentina, Karen Cross
U.S. Supreme Court Denies Certiorari And Affirms Discovery In Bondholder Litigation Against Argentina, Karen Cross
Karen Halverson Cross
No abstract provided.
Extraterritoriality, Immunity, And Sovereign Debt, Karen Cross
Extraterritoriality, Immunity, And Sovereign Debt, Karen Cross
Karen Halverson Cross
No abstract provided.
Extraterritoriality, Immunity And Sovereign Debt, Karen Cross
Extraterritoriality, Immunity And Sovereign Debt, Karen Cross
Karen Halverson Cross
No abstract provided.
Extraterritoriality, Immunity, And Sovereign Debt, Karen Cross
Extraterritoriality, Immunity, And Sovereign Debt, Karen Cross
Karen Halverson Cross
No abstract provided.
Sovereign Arbitration, Karen Cross
The Extraterritorial Reach Of Sovereign Debt Enforcement, Fourth Biennial Global Conference Of The Society Of International Economic Law (Siel) Working Paper No. 2014/28, Karen Cross
Karen Halverson Cross
No abstract provided.
Mass Procedures As A Form Of 'Regulatory Arbitration' - Abaclat V. Argentine Republic And The International Investment Regime, Karen Cross
Karen Halverson Cross
No abstract provided.
Arbitration Of Mass Sovereign Debt Claims: Abaclat V. Argentine Republic, Karen Cross
Arbitration Of Mass Sovereign Debt Claims: Abaclat V. Argentine Republic, Karen Cross
Karen Halverson Cross
No abstract provided.