Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (4)
- Festschrift (2)
- Law (2)
- Mediation (2)
- Third-party funding (2)
-
- American Civil War (1)
- BIT (1)
- Bilateral investment treaties (1)
- Corporate law (1)
- Dispute finance (1)
- English history (1)
- History (1)
- ICSID (1)
- ISDS (1)
- Intermediaries (1)
- International commercial arbitration (1)
- International dispute resolution (1)
- International investment arbitration (1)
- International investment law (1)
- Legal history (1)
- Litigation (1)
- Middle Ages (1)
- Neutrality (1)
- Online platforms (1)
- Platforms (1)
- Search platforms (1)
- Social media (1)
- Technology (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Swords Into Plowshares: A Pilgrimage For The Css Alabama, William W. Park
Swords Into Plowshares: A Pilgrimage For The Css Alabama, William W. Park
Faculty Scholarship
During the American Civil War, Britain sold ships to the Southern Confederacy in breach of neutrality obligations, triggering a dispute with the United States carrying threats of armed conflict. Some American politicians saw the dispute as an opportunity to annex Canada, then a weak assemblage of British colonies. Ultimately, arbitration in Geneva averted war, opening an era of long Anglo-American cooperation. The historical consequence of this landmark 1872 arbitration remains difficult to overstate. In addition to its diplomatic importance, the case introduced significant procedural precedents for international arbitration, including dissenting options, reasoned awards, party-appointed arbitrators, collegial deliberations, and arbitrators’ declarations …
Federal Rules Of Platform Procedure, Rory Van Loo
Federal Rules Of Platform Procedure, Rory Van Loo
Faculty Scholarship
Tech platforms serve as private courthouses for disputes about speech, lodging, commerce, elections, and reputation. After receiving allegations of defamatory content in top search results, Google must decide between protecting one person's public image and another's profits or speech. Amazon adjudicates disputes between consumers and third-party merchants about defective or counterfeit items. For many small businesses, layoffs and bankruptcy hang in the balance. This Article begins to uncover the processes that these platforms use to resolve disputes and proposes reforms. Other important businesses that intermediate, such as credit card companies ruling on a disputed charge between a merchant and consumer, …
Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp
Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp
Faculty Scholarship
The name of our friend Derek Roebuck will always be linked to the long history of arbitration and mediation which he has chronicled so thoroughly in a dozen volumes by my count and many articles and chapters. On a spectrum of dispute resolution methods from formal courtroom litigation to savage brute force, arbitration stands at an interesting intermediate point. In tribute to Derek’s memory, I offer this glimpse of a curious episode at the intersection of due process of law, armed violence and principled arbitration. It reminds us that these three alternatives were not always as widely differentiated as we …
The Transient And The Permanent In Arbitration, William W. Park
The Transient And The Permanent In Arbitration, William W. Park
Faculty Scholarship
Several years ago, Jan Paulsson observed that Derek Roebuck might substitute for a time machine, providing a way for us to voyage backward with a guide to put everything in context. Indeed, the great Derek Roebuck, to whom we dedicate this set of essays, gave much of his professional life to making sure that by receiving a glimpse of dispute resolution in earlier times, we might have an opportunity better to understand the reality of present-day arbitration.
Third Party Funding Of Investment Arbitration, Maya Steinitz
Third Party Funding Of Investment Arbitration, Maya Steinitz
Faculty Scholarship
This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party funding of investment arbitration; the effects of arbitration funding on the arbitral process; developments in national, international, and soft law governing investment arbitration funding; and the likely effects of third-party funding on the international bar.
Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani
Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani
Faculty Scholarship
Third-party funding, also known as "dispute finance," is a controversial, dynamic, and evolving arrangement whereby an outside entity ("the funder") finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful.' It has been documented in more than sixty countries on six continents worldwide-including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this …