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Dispute Resolution and Arbitration Commons™
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Articles 571 - 600 of 1152
Full-Text Articles in Dispute Resolution and Arbitration
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Silence Gives Consent, Phillip C. Jessup
Silence Gives Consent, Phillip C. Jessup
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
University of Miami International and Comparative Law Review
No abstract provided.
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community, James Fawcett
The Function Of The International Court Of Justice In The World Community, James Fawcett
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
Georgia Journal of International & Comparative Law
No abstract provided.
A Legal Theory Of Collective Security, David Frolick
A Legal Theory Of Collective Security, David Frolick
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Georgia Journal of International & Comparative Law
No abstract provided.
Corruption In International Arbitration, Inan Uluc
Corruption In International Arbitration, Inan Uluc
SJD Dissertations
Corruption represents a great menace to national and international development. It jeopardizes democracy, human rights, and social justice. Consequently, corruption is vehemently abhorred and denunciated by members of the international arbitration arena. Unfortunately, while these players purport repugnance towards corruption and do not condone corrupt acts, there has arisen a misplaced distrust of arbitral process as a proper dispute resolution system. Further, when amalgamating the inherent opaqueness of the arbitral process, its structure founded upon party autonomy, and the clear lack of authority for arbitrators to compel evidence, such distrust persists and encourages belief that arbitration is a venue where …
Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt
Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt
Pepperdine Law Review
No abstract provided.
Effects Of International Judgments Relating To Awards, Maxi Scherer
Effects Of International Judgments Relating To Awards, Maxi Scherer
Pepperdine Law Review
This Article looks at those judgments relating to international arbitral awards (award judgments) and, more precisely, at their extraterritorial effects. It analyzes whether an award judgment rendered in one jurisdiction has effects in other jurisdictions. For instance, if the award has been set aside6 in country A, does the set-aside judgment have effects on enforcement proceedings in country B? Similarly, if country C refuses to enforce an award on the basis that the tribunal has no jurisdiction, does this have a preclusive effect on enforcement proceedings pending in country D? These questions have been addressed in a number of recent …
Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund
Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund
Pepperdine Law Review
Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v. Argentina was widely anticipated and has attracted much notice, and general approval, on the part of the arbitration community. In this paper we assess the Court’s decision from two different perspectives -- the first attempts to situate it in the discourse of the American law of commercial arbitration; the second considers it in light of the expectations of the international community …
Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong
Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong
Pepperdine Law Review
No abstract provided.
Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau
Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau
Pepperdine Law Review
No abstract provided.
Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo
Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo
Pepperdine Law Review
What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 17, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium …
The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond
The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond
Georgia Journal of International & Comparative Law
No abstract provided.
Periodic Review In Natural Resource Contracts, Jacky Mandelbaum, Salli Anne Swartz, John Hauert
Periodic Review In Natural Resource Contracts, Jacky Mandelbaum, Salli Anne Swartz, John Hauert
Columbia Center on Sustainable Investment Staff Publications
Periodic contract review mechanisms, which are provisions in contracts that formally require parties to meet at particular intervals to review the terms of the contract, are mechanisms that may facilitate the process of negotiating contractual changes to accommodate changing circumstances over the term of extractive industries contracts. Through the review of existing extractive industries agreements, this article considers how such review mechanisms have been incorporated into existing contracts and the use of such mechanisms as a tool for maintaining good relationships between the parties. In addition, the article suggests a new approach to the drafting of these mechanisms by negotiating …
Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke
Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Community Development Agreements (CDAs) have the potential to facilitate the delivery of tangible benefits from large-scale investment projects, such as mines or forestry concessions, to affected persons and communities. To be effective, however, CDAs must be adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which can be required by governments, voluntarily adopted by companies, and demanded by communities. These practices are grounded in ensuring that all parties are sufficiently informed, capacitated, and prepared to engage in meaningful negotiations regarding how the investor’s operations should …
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Books Recieved, Georgia Journal Of International And Comparative Law
Books Recieved, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Outsized Costs Of Investor–State Dispute Settlement, Lise Johnson, Lisa E. Sachs
The Outsized Costs Of Investor–State Dispute Settlement, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
The negotiation of several mega-treaties in 2015, including the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and other regional agreements, has generated substantial public discussion about the protections and privileges afforded to multinational enterprises through the investor-state dispute settlement (ISDS) mechanism in these treaties. ISDS has increasingly raised concerns among certain governments and civil society groups, particularly as a growing number of ISDS cases involve investors challenging a range of governmental measures taken in good faith and in the public interest, including measures related to environmental protection, public health …
Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev
Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev
The International Lawyer
The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the …
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger
The International Lawyer
No abstract provided.
Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba
Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba
Cardozo Journal of Conflict Resolution
Regionalism in international relations is a fact of life. Regional judicial implementation of international norms is relatively common in the fields of international human rights, international investment, and trade laws. There are attempts to break ground in the realm of international criminal law by creating a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. Although there was momentum in creating a universal permanent international criminal court, the enthusiasm for the tribunal's exercise of jurisdiction has not continued. The International Criminal Court ("ICC") will remain short of …
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Faculty Publications
For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
Articles by Maurer Faculty
This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …
Athletes Have Rights Too, Right? Investigating The Extreme Unfairness In Sports' Purported Supreme Authority - Why The International Court Of Arbitration For Sport Fails To Reign Supreme, Zachary Gotlib
Cardozo Journal of International and Comparative Law
The note argues that the Court of Arbitration for Sport (CAS), despite its role as a leading body in international sports dispute resolution, fails to achieve true supremacy due to systemic unfairness. CAS lacks key principles of fairness, particularly in its treatment of individual athletes compared to powerful entities like teams and leagues, hindering its ability to be recognized as a supreme judicial body.
The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner
The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner
Cardozo Journal of Conflict Resolution
According to the American Foreign Service Association, seventy-six U.S. diplomats were killed between the years of 1973 and 2013 during peaceful missions abroad, amounting to over forty deaths. These diplomats were beacons of peace in their respective regions, maintaining peaceful relations amongst each other's countries and mitigating conflict without the use of violence. Continued attacks on diplomats are a demonstration of violence not only against them as individuals, but against peace around the globe. The most obvious way to resolve this conflict is to acknowledge the innumerous terror attacks that have taken place and take active steps to resolve the …