...reflects their recognition of the utility of arbitration – any perceived lack of legitimacy may weigh heavily on the award itself.[10] Professor Andrea K. Bjorklund notes that legitimacy concerns in...
...Jeffrey L. Dunoff, The WTO’s Legitimacy Crisis: Reflections on the Law and Politics of WTO Dispute Resolution (Vol. 13(1-4) December 2003) Alexander K.A. Greenawalt, Does International Arbitration Need A Mandatory...
Author: Andrea K. Bjorklund* Published: April 2011 Jurisdiction: International Topics: Investment Disputes Enforceability Sovereign Immunity Description: “Successful” claimants in investment arbitrations increasingly find that they have earned a hollow victory...
...Participative Justice. This article was selected as a finalist for the 2014 Napper Prize in International Arbitration. The guidance of Prs. Andrea K. Bjorklund and Frédéric Bachand is gratefully acknowledged....
Author: Andrea K. Bjorklund Published: May 2013 Description: The question of applicable law is one of the most difficult and under-theorized in international investment arbitration. Arbitrators in investment disputes are...
...Reviews Peter B. Rutledge, Arbitration and the Constitution George A. Bermann Monique Sasson, Substantive Law in Investment Treaty Arbitration, The Unsettled Relationship Between International and Municipal Law Andrea K. Bjorklund...
...Mayer Sovereign Immunity as a Barrier to the Enforcement of Investor-State Arbitral Awards: The Re-Politicization of International Investment Disputes Andrea K. Bjorklund The Arbitrator’s Mission and the Application of Law...
Author: Andrea K. Bjorklund* Published: April 2008 Description: Do mandatory rules play any role at all in investment arbitration? Pierre Mayer defines mandatory law as “an imperative provision of law...
...Law In International Arbitration: What Are Mandatory Rules? Catherine Kessedjian Mandatory Law In Arbitration Hans Smit Mandatory Rules And Investment Arbitration Mandatory Rules Of Law And Investment Arbitration Andrea K....
...was a Partner at Jenner & Block. [20] Partner, Volterra Fietta. [21] Partner, Herbert Smith Freehills. [22] Founding Partner, Rothorn Legal. At the time of CAD 2020, Ms. Voser was...
...article was originally published as “The Role of National Courts at the Threshold of Arbitration,”in INTERNATIONAL ARBITRATION AND THE RULE OF LAW: CONTRIBUTION AND CONFORMITY 443-457 (Andrea Menaker ed., 2017)....
Author: Andrea Marco Steingruber* Published: April 2010 Jurisdiction: International Topics: Sports Description: I. INTRODUCTION In 2007, the Swiss Federal Tribunal for the first time set aside an arbitral award by...