University of Missouri School of Law
Georgetown University Law Center
Penn State Law
Yale Law School
Cornell University ILR School
Notre Dame Law School
Columbia Law School
International Commercial Mediation And Dispute Resolution Contracts,
2022
Singapore Management University
International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel
Research Collection School Of Law
Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered,
2022
American University in Cairo
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Theses and Dissertations
The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human ...
International Arbitration,
2022
Southern Methodist University
International Arbitration, Manuel Liatowitsch, Jonathan Blank, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Julianne Jaquith, Dawn Yamane Hewett, Rebecca Soquier, Helen Tang, Branda Horrigan, Anne Hoffman, Mitchell Dearness, Markus Schifferl, Christopher Boog, Benjamin Gottlieb, Diepiriye Anga, Sergey Morozov, Markian Malskyy, Oksana Karel, Anowar Zahid, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Keara A. Bergin, Christopher P. Denicola
The Year in Review
No abstract provided.
The Power Of International Nationality Courts When Settling Foreign Investment Disputes,
2022
Assistant Professor of Private International Law Faculty of Law - Helwan University – Egypt
The Power Of International Nationality Courts When Settling Foreign Investment Disputes, Dr. Ibrahim Refaat El Beherry
Journal Sharia and Law
States shall be sovereign in determining their nationality in accordance with their economic and social policies and circumstances. However, when international courts decide matters relating to their personal competence in international disputes, they may be called upon to rule on preliminary matters such as nationality. However, when these tribunals confer jurisdiction on themselves by this mission, they enjoy a broad discretion based on the general principles of people’s law, treaty law, case law, doctrine and the principle of jurisdiction-jurisdiction in arbitral matters. However, the scope of this recognized power is limited and its authorized investiture must not exceed the ...
Confidential Settlements For Professional Malpractice,
2022
St. John's University School of Law
Confidential Settlements For Professional Malpractice, Sande L. Buhai
St. John's Law Review
(Excerpt)
A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should ...
The Paga Saga,
2022
Pepperdine University
The Paga Saga, Tamar Meshel
Pepperdine Law Review
Employees routinely enter into employment contracts that contain arbitration agreements and prohibit them from bringing class and/or representative actions. These employees may therefore only bring claims against their employers, whether contractual or statutory, in arbitration on an individual basis. Such arbitration agreements and the class/representative action waivers that they contain are enforced nationwide pursuant to the Federal Arbitration Act (FAA). In California, however, a judge-made rule (the Iskanian rule) prohibits the enforcement of representative action waivers found in arbitration agreements with respect to employees’ claims of Labor Code violations under California’s Private Attorney General Act (PAGA). A ...
Hearing,
2022
Singapore Management University
Hearing, Darius Chan, Gerome Goh
Research Collection School Of Law
In certain international commercial arbitrations, for instance, in expedited proceedings under the auspices of various institutional rules, the tribunal may decide the dispute based on documentary evidence only. However, in most cases, hearings are generally conducted for the tribunal to hear examination of any factual or expert witness and/or for oral argument. It is not uncommon for there to be multiple hearings in a single arbitration, with each hearing focusing on specific procedural or substantive issues. The hearing is therefore a forum for the parties to adduce evidence and/or put forward their legal views in direct confrontation with ...
International Arbitration,
2022
Southern Methodist University
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Matthew J. Weldon, Robert L. Houston, Christopher Boog, Benjamin Gottlieb, Gerard Meijer, Valerie Verberne, Michael Nueber, Alexander Bezborodov, Sergey Morozov, Bruno Guandalini, Hans-Christian Salger, Thomas Försterling, Diepiriye Anga, Sae Youn Kim, Andrew White, Anne Hoffmann, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Helen Tang, Rebecca Soquier, Tracey Cui, Briana Young, Jonathan Blank, Guido Carducci, Clifford J. Hendel, Tamari J. Lagvilava, Keara A. Bergin, Christopher P. Denicola
The Year in Review
No abstract provided.
The New Bailments,
2022
University of Washington School of Law
The New Bailments, Danielle D’Onfro
Washington Law Review
The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of ...
Developing Brunei Darussalam As An Asean Hub For International Islamic Finance Dispute Resolution: Opportunity Or Over-Ambition?,
2022
University of Brunei Darussalam
Developing Brunei Darussalam As An Asean Hub For International Islamic Finance Dispute Resolution: Opportunity Or Over-Ambition?, Nobumichi Teramura
Centre for Commercial Law in Asia
International dispute resolution is only at an early stage of development in Brunei. Although the government established the Brunei Darussalam Arbitration Centre (BDAC) in 2014 to provide domestic and international users with arbitration and mediation services, the institution has yet to attract a significant caseload. This is in contrast with neighbouring countries such as Singapore (a regional hub for international dispute resolution) and Malaysia (an active and rising centre of dispute settlement). Their flagship arbitration institutions, the Singapore International Arbitration Centre (SIAC) and the Asian International Arbitration Centre (AIAC) (formerly known as the Kuala Lumpur Regional Centre for Arbitration), handle ...
A New Playbook To Win Without Compromise: Executive Strategies To Leverage Culture And Conflict, Unlock The Power Of Unity, And Satisfy All,
2022
University of St. Thomas, Minnesota
A New Playbook To Win Without Compromise: Executive Strategies To Leverage Culture And Conflict, Unlock The Power Of Unity, And Satisfy All, Mariana Hernandez-Crespo Gonstead
University of St. Thomas Law Journal
No abstract provided.
Harm, Healing, And Culture Change: A Case Study Of The Archdiocese Of St. Paul And Minneapolis,
2022
University of St. Thomas School of Law
Harm, Healing, And Culture Change: A Case Study Of The Archdiocese Of St. Paul And Minneapolis, Daniel Griffith
University of St. Thomas Law Journal
No abstract provided.
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business and Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business and Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business and Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business and Commercial Law Journal
No abstract provided.
Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration,
2022
American University in Cairo
Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin
Theses and Dissertations
At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors ...
Monsanto: Creator Of Cancer Liability,
2022
DePaul University
Monsanto: Creator Of Cancer Liability
DePaul Business and Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies,
2022
DePaul University
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business and Commercial Law Journal
No abstract provided.
Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice,
2022
Mitchell Hamline School of Law
Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice, Adrienne Baker
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
