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Full-Text Articles in Law

Advance Materials: Expert Testimony In International Arbitration, James Seckinger Jun 2015

Advance Materials: Expert Testimony In International Arbitration, James Seckinger

James H. Seckinger

No abstract provided.


Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich Dec 2013

Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich

Thomas J. Stipanowich

This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration …


International Investment Arbitration: Winning Losing And Why, Susan Franck Jan 2013

International Investment Arbitration: Winning Losing And Why, Susan Franck

Susan D. Franck

None available.


Rationalizing Costs In Investment Treaty Arbitration, Susan Franck Jan 2013

Rationalizing Costs In Investment Treaty Arbitration, Susan Franck

Susan D. Franck

International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations - including the costs of lawyers for both sides, as well as administrative and tribunal expenses - are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more than 10% of an average award. The data suggested a lack of certainty about total costs, which parties had ultimate liability for costs, and the justification …


The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan Franck Jan 2013

The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan Franck

Susan D. Franck

None available.


Development And Outcomes Of Investment Treaty Arbitration, Susan Franck Jan 2013

Development And Outcomes Of Investment Treaty Arbitration, Susan Franck

Susan D. Franck

The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this Article explores the role of development status in arbitration outcomes. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The Article then assesses how (1) the development status …


Managing Expectations: Beyond Formal Adjudication, Susan Franck Dec 2012

Managing Expectations: Beyond Formal Adjudication, Susan Franck

Susan D. Franck

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.


The Role Of International Arbitrators, Susan Franck Dec 2005

The Role Of International Arbitrators, Susan Franck

Susan D. Franck

No abstract provided.