Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Precedent And Dialogue In Investment Treaty Arbitration, Richard C. Chen Jan 2019

Precedent And Dialogue In Investment Treaty Arbitration, Richard C. Chen

Faculty Publications

Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context. Scholarship in this area has focused on explaining the rise of this de facto doctrine of precedent and evaluating the merits of the practice. Few have grappled with more practical questions about how precedent should operate in this unique sphere, but even a cursory examination of ITA decisions would reveal that some order and …


The Cisg: Applicable Law And Applicable Forums, Ronald A. Brand Jan 2019

The Cisg: Applicable Law And Applicable Forums, Ronald A. Brand

Articles

Despite being in effect for over thirty years, a debate continues on whether the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been a success. With 89 Contracting States, it clearly is widely accepted. At the same time, empirical studies show that private parties regularly opt out of its application. It has served as a model for domestic sales law, and as an important educational tool. But has it been a success? In this article I consider that question, and suggests that the scorecard is not yet complete; and that it will perhaps take significantly …


Africa's New Economic Partnerships And Dispute Settlement, Victoria Sahani Jan 2016

Africa's New Economic Partnerships And Dispute Settlement, Victoria Sahani

Faculty Scholarship

This panel was convened at 11:00 a.m., Thursday, March 31, 2016, by its moderator Uche Ewelukwa of the University of Arkansas School of Law, who introduced the panelists: Victoria Shannon Sahani of Washington and Lee University School of Law; David H. Shinn of George Washington University School of Law; and Thomas R. Snider of Greenberg Traurig LLP.


Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty Dec 2015

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …


Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson Apr 2015

Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.


Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll Aug 2013

Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll

Jeffrey M. Colon

Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …


Back To The Eternal Debate Of Mfn And Dispute Settlement: A Case Comment On Ics V. Republic Of Argentina, Antoine Martin Jun 2012

Back To The Eternal Debate Of Mfn And Dispute Settlement: A Case Comment On Ics V. Republic Of Argentina, Antoine Martin

Antoine Martin

Most-Favoured Nation (MFN) clauses and their possible extension to dispute settlement mechanisms are at the heart of a significant debate in international investments law. This debate is very lively but it is currently unsettled, as demonstrated by persisting disagreements between opposite Schools of thoughts and multiple inconsistencies in arbitral decisions. MFN clauses were reconsidered recently following a claim brought by ICS Inspection and Control Services Limited against Argentina before the Permanent Court of Arbitration (PCA). The PCA arbitrators rendered a decision in February 2011 in which jurisdiction was rejected together with the idea that a MFN can be extended to …


Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll Oct 2007

Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll

All Faculty Scholarship

Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …