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Articles 31 - 49 of 49
Full-Text Articles in Dispute Resolution and Arbitration
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Scholarly Articles in Law Reviews & Journals
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'
International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck
International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck
Scholarly Articles in Law Reviews & Journals
Occidental v. Ecuador is the first claim under a bilateral investment treaty claim involving tax issues. This case comment analyzes the tribunal's award and offers a critique of both the analysis and the conclusion. This comment suggests that the tribunal may have gone further than necessary in its analysis of arbitrary measures impairing investment, failed to engage in a sector-by-sector analysis of national treatment, and compressed the analysis of separate rights into one broad test for evaluating fair and equitable treatment. The comment concludes that Occidental may best be understood as confined to its unique facts lest there be larger …
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
Scholarly Articles in Law Reviews & Journals
The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
Scholarly Articles in Law Reviews & Journals
In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.
The Selection Of An Arbitrator: A Human Resource Management Perspective, Kenneth Anderson
The Selection Of An Arbitrator: A Human Resource Management Perspective, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha
Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Restitution In Public Concern Cases, Candace Kovacic-Fleischer
Restitution In Public Concern Cases, Candace Kovacic-Fleischer
Scholarly Articles in Law Reviews & Journals
Enron Corporation. Arthur Andersen. Guns. Tobacco. Lead. Asbestos. Water Pollution. All are in the news as allegedly having caused injury. All involve restitution. Plaintiffs are bringing suits claiming that not only have they been injured, but also that the companies involved have been unjustly enriched at the plaintiffs' expense. The plaintiffs use, either explicitly or implicitly, the broad concept of restitution found in section one of the Restatement of the Law of Restitution. That section, entitled "Unjust Enrichment," says "[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other."' In …
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Scholarly Articles in Law Reviews & Journals
With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.
Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers
Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A Grigera Naon
Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A Grigera Naon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein
Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Ratification By Argentina Of The 1958 New York Convention On Recognition And Enforcement Of Foreign Arbitral Awards, Horacio A. Grigera Naón
Ratification By Argentina Of The 1958 New York Convention On Recognition And Enforcement Of Foreign Arbitral Awards, Horacio A. Grigera Naón
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Commercial Arbitration: Realities And Perspectives, Horacio A. Grigera Naón
International Commercial Arbitration: Realities And Perspectives, Horacio A. Grigera Naón
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón
Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher
Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.