Author: Robert B. Kovacs* Published: August 2012 Description: I. INTRODUCTION Efficiency in international arbitration appears to be one of most pressing issues currently facing the international arbitration community. For at...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...under the WIPO Rules. The WIPO Arbitration Rules help the parties using them to be aware of and to avoid some of the pitfalls that have made international arbitration unjustifiably...
Awards and Other Decisions Articles 59 to 66 – Vol. ...
...the International Chamber of Commerce (“ICC”) and the American Arbitration Association (“AAA”). In time, the London Court of International Arbitration (“LCIA”), which prior to World War I acted as a...
Reducing Costs and Inconveniences in International Commercial Arbitration and Other ...
...of one or more permanent investment arbitration courts. Though these proposals are certainly worth serious thought, my impression is that they do not sufficiently credit the achievements of the existing...
Investment Arbitration, Legitimacy and National Law in Latin America: An ...
...third-party adjudication through behaviorally informed rules on procedure thus seems to be an avenue of research worth being pursued. In applying behavioral law and economics to international commercial arbitration, the...
Behavioral Insights Into International Arbitration: An Analysis of How to ...
...Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. §1782 in a private arbitration.[1] The Supreme Court’s decision will resolve the circuit split on whether §1782 can apply in...
The Significance of Servotronics in Determining Discovery Procedures in Private ...
Author: Matt Reeder* Published: December 2016 Jurisdiction: International Topics: Categories of Disputes Investment Disputes ICSID Description: When disputes arise between private investors and foreign states, investors often distrust foreign courts...
Estop That! Defeating a Corrupt State’s Corruption Defense to ICSID ...
...the Japanese Commercial Arbitration Association; and my retention as a consultant in a current international commercial arbitration involving a large Japanese corporation. While gathering material for these tasks, I quickly...
International Commercial Arbitration in Japan: Background and Suggestions* – Vol. ...
Author: Robert H. Smit* Published: December 2003 Topics: Agreement to Arbitrate Separability Description: The doctrine of separability provides that an arbitration clause is “separable” from the contract containing it and...
Separability and Competence – Competence In International Arbitration: Ex Nihilo Nihil ...
...all our discussions of the fact-finding process in arbitration, one common theme is inevitably the extent to which arbitral discretion can be deployed in the service of extracting necessary evidence...
Evidence and Discovery in American Arbitration: The Problem of Third ...
...the ever growing number of legislatures that have discovered international arbitration as a lucrative source of revenues. In devising new arbitration laws to be used as “marketing strategies” in the...
Party Autonomy in International Economic Arbitration: A Reappraisal – Vol. ...
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...