Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- File Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Investment Dispute Resolution Under The Transpacific Partnership Agreement: Prelude To A Slippery Slope?, Leon E. Trakman Professor
Investment Dispute Resolution Under The Transpacific Partnership Agreement: Prelude To A Slippery Slope?, Leon E. Trakman Professor
Leon E Trakman Dean
Intense debate is currently brewing over the multistate negotiation of the Transpacific Partnership Agreement [TPPA], led by the United States. The TPPA will be the largest trade and investment agreement after the European Union, with trillions of investment dollars at stake. However, there is little understanding of the complex issues involved in regulating inbound and outbound investment. The negotiating of the TPPA is shrouded in both mystery and dissension among negotiating countries. NGOs, investor and legal interest groups heatedly debate how the TPPA ought to regulate international investment. However this dissension is resolved, it will have enormous economic, political and …
The Icsid Under Siege, Leon E. Trakman Professor
The Icsid Under Siege, Leon E. Trakman Professor
Leon E Trakman Dean
Intense debate rages over the transparency and efficiency of investor-state arbitration. In contention is whether national courts should displace investment arbitration administered by the International Center for Investment Arbitration (ICSID). How this debate is resolved will significantly impact on the United States, its public interests and its investors. This manuscript scrutinizes this debate and recommends how to resolve it.
The Boundaries Of Contact Law In Cyberspace, Leon E. Trakman
The Boundaries Of Contact Law In Cyberspace, Leon E. Trakman
Leon E Trakman Dean
Cyberspace has introduced novel ways in which to conclude, perform and terminate agreements. It has also raised doubts about whether traditional principles of contract law can adequately regulate new categories of contracts like click-wrap and browse-wrap agreements that were unheard of a few decades ago. This article explores these exciting new developments. Starting with an examination of late Nineteenth and early Twentieth adhesion contracts and the law of unconscionability, it evaluates innovations in contracting that have evolved since then. Uncovering the complexities associated with “wrap” contracts and End User Licensing Agreements [EULAs], it scrutinizes how legislatures and courts have responded …
Adhesion Contracts And The Twenty First Century Consumer, Leon E. Trakman
Adhesion Contracts And The Twenty First Century Consumer, Leon E. Trakman
Leon E Trakman Dean
Ecommerce has transformed the law of contract. Consumers are increasingly subject to myriads of conditions in shrink-wrap, box-wrap, click-wrap and browse-wrap contracts. Opening software wrapping or clicking “I agree” in a dialog box on a computer subjects the user to a series of onerous conditions that restrict end use and limit the supplier’s liability. These developments are counterbalance by the growth of new market-savvy classes of consumers who are willing and able to sue brand name producers in class and other actions. Faced with these Twenty First Century developments, courts struggle to find middle ground between regulating mass transactions in …
Declaring Force Majeure: Veracity Or Sham?, Leon E. Trakman
Declaring Force Majeure: Veracity Or Sham?, Leon E. Trakman
Leon E Trakman Dean
The widespread practice by large scale producers, like Exxon Mobil and BP of declaring force majeure has created enormous legal and contractual problems. The practice is used, not only to respond to devastating disasters like Hurricane Katrina, but also to defects in pipelines amounting to little more than wear and tear The result is that customers are left waiting for goods or forced to pay higher prices until their suppliers decide to lift their declarations and resume performance. This article challenges such declarations, arguing that they often fail to comply with both the law set out in article 2-615 of …
"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 …