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Articles 1 - 11 of 11
Full-Text Articles in Law
The Cisg: Applicable Law And Applicable Forums, Ronald A. Brand
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 …
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
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 …
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Harold I. Abramson
No abstract provided.
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
International Commercial Arbitrators' Approaches To Contractual Interpretation, Joshua D H Karton
International Commercial Arbitrators' Approaches To Contractual Interpretation, Joshua D H Karton
Joshua Karton
This article considers the available international arbitral awards that involve interpretation of a contract. It divides the awards according to the applicable substantive law, and concludes that international commercial arbitrators generally follow the interpretive rules prescribed by the laws of civil law jurisdictions, but sometimes depart from common law interpretive methods. When international arbitrators depart from the applicable law, or when they apply general principles of international law or act as amiables compositeurs, they tend to follow a civil law approach. They see discerning the true (subjective) common intention of the parties as the goal of contractual interpretation, and while …
Conflict Of Interests: Seeking A Way Forward On Publication Of International Arbitral Awards, Joshua D H Karton
Conflict Of Interests: Seeking A Way Forward On Publication Of International Arbitral Awards, Joshua D H Karton
Joshua Karton
There now appears to be general agreement that greater publication of awards would benefit the international commercial arbitration system, yet most awards remain unpublished. This article explains the current state of affairs by reference to the conflict between party and systemic interests. Since international arbitration is a private, consent-based system, party interests in keeping awards confidential are likely to trump systemic interests in publishing them—even if those systemic interests align with the long-term interests of commercial parties generally.
The conflict of interests not only explains why confidentiality of international arbitral awards remains the rule, it also points the way to …
Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez
Arbitration Brief
No abstract provided.
Amendments To The Mexican Arbitration Statute, Francisco González De Cossío
Amendments To The Mexican Arbitration Statute, Francisco González De Cossío
Arbitration Brief
No abstract provided.
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Scholarly Works
No abstract provided.
Goodbye Boiler-Plate: Practical Advice For Drafters Of Domestic And International Arbitration Agreements, Pamela Fulmer, Noel Rodriguez, M. Anderson Berry
Goodbye Boiler-Plate: Practical Advice For Drafters Of Domestic And International Arbitration Agreements, Pamela Fulmer, Noel Rodriguez, M. Anderson Berry
M. Anderson Berry
Parties agree to arbitrate disputes because, among other things, arbitration can be quicker and more flexible than judicial proceedings. This leads to advantages that all parties desire: decreased costs and better predictability of outcome. However, problems arise in domestic and international arbitrations that may defeat these advantages. As this article explains, well thought‐out and effective arbitration provisions can significantly reduce the incidence of these problems. While primarily relying on specific examples from the U.S. domestic sphere, this article also applies to the international sphere unless otherwise indicated.
The core assertion of this article is this: instead of cutting and pasting …
Restating The U.S. Law Of International Commercial Arbitration, George A. Bermann
Restating The U.S. Law Of International Commercial Arbitration, George A. Bermann
Faculty Scholarship
The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, on the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALl Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …