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Full-Text Articles in Law

International Investment Law Through The Lens Of Global Justice, Steven Ratner Nov 2017

International Investment Law Through The Lens Of Global Justice, Steven Ratner

Law & Economics Working Papers

The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …


Inside The Arbitrator's Mind, Susan Franck May 2017

Inside The Arbitrator's Mind, Susan Franck

Articles in Law Reviews & Other Academic Journals

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …


Arbitration Clause Issues In Sharing Economy Contracts, Carissa Laughlin Jan 2017

Arbitration Clause Issues In Sharing Economy Contracts, Carissa Laughlin

Journal of Dispute Resolution

This Comment will explicate the successes and failures of sharing economy arbitration clauses, and discuss the future legal climate for companies like Airbnb and Uber. First, this Comment will give an overview of the sharing economy and its current legal implications, then it will provide an overview of arbitration clauses and their success in sharing economy contract agreements, and finally, it will evaluate the potential advantages and disadvantages of arbitration clauses in the future based on a current labor and employment suits pending against Uber.