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Full-Text Articles in Law

Rectitude In International Arbitration, William W. Park Sep 2011

Rectitude In International Arbitration, William W. Park

Faculty Scholarship

Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …


Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer Sep 2011

Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer

West Virginia Law Review

No abstract provided.


Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park Jan 2011

Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park

Faculty Scholarship

Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally include four key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to …


"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan Jan 2011

"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan

Scholarly Works

No abstract provided.


Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck Dec 2010

Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck

Susan D. Franck

No abstract provided.


Investor-State Disputes: Prevention And Alternatives, Susan Franck Dec 2010

Investor-State Disputes: Prevention And Alternatives, Susan Franck

Susan D. Franck

No abstract provided.