The first five sets of rules are institutional arbitration rules and the last two are ad hoc arbitration rules. ), Nappert, S., “International Arbitration as a Tool of Global Governance: The Use (and Abuse) of Discretion” (June 26, 2017), in.
See the Arbitration Materials section in Westlaw (search for arbitration materials and select the suggested content) for a full list of available databases. Cairo Regional Centre for International Commercial Arbitration ("CRCICA"). [, Geradin, D., “Public Policy and Breach of Competition Law in International Arbitration: A Competition Law Practitioner's Viewpoint”, TILEC Discussion Paper No. It primarily claims that, in performing their wide variety of functions, international ... Park, W.W., “Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata” (August 14, 2017), in A. Rovine (ed. London Court of International Arbitration (“LCIA”). Here are some search terms to get started: For more information regarding finding journal articles on ICA, please see the research guide Finding Books and Articles on International and Foreign Law. Advancing Innovation in International Arbitration Collection (December 3, 2018). It deals with investment disputes between a state (or some state entities) and an individual who is a national of another state that signed the ICSID convention. Advantages to arbitration include preserving confidentiality, saving legal fees, and, potentially, more limited discovery than a court trial. JX1 In823. Abstract: The paper explores the use of Artificial Intelligence (AI) in arbitral or judicial decision-making from a holistic point of view, exploring the technical aspects of AI, its practical limitations as well as its methodological and theoretical implications for decision-making as a whole.
If a contract has an arbitration clause and a dispute arises, a neutral arbitrator can issue legally-enforceable resolution to the dispute (an arbitration award). World Arbitration Reporter 4. The remainder of Volume I provides a substantive overview of the different aspects of an international arbitration, including choice of law and enforcement issues. Chrisantus Oden-September 14, 2019. International examples show that quicker access to arbitration could have avoided the drastic action taken by Qantas chief Alan Joyce.
Fourth Floor, K2400.A47 C65. These awards are sometimes excerpts (and confidential information has been removed).
UNICITRAL keeps track of which countries have adopted ICA legislation consistent with the language of the Model Law. There are several subscription databases available to the CLS community for ICA: This database includes a large number of books, including Born's International Commercial Arbitration, Yearbook Commercial Arbitration and Redfern and Hunter on International Arbitration. This includes new titles of the Oxford International Arbitration Series.
Many of the awards are excerpts, but the complete award or decision is available at Kluwer Arbitration.com (which is a subscription database available to the CLS community).
In fact, in two arbitrations brought ... Schultz, T., “The Ethos of Arbitration” (June 17, 2019), in T. Schultz and F. Ortino (eds.
This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. Kluwer also has a blog with posts by practitioners and scholars in the ICA field. in J. Kalicki and M.A. 8. States routinely agree to third-party adjudication. 93-120.
Abstract: While guerrilla tactics in arbitration such as fabricated or illegally obtained evidence are not new, cyber intrusion requires a review of pertinent issues that might arise in the course of a proceeding where fabricated or illegally obtained evidence is made possible by virtue of cyber intrusion. Two early modern agreements on ICA are the 1923 Geneva Protocol (27 L.N.T.S. 9. Coverage begins with 1952 (Europe), 1992 (NAFTA), and 1994 (GATT). The language of the convention, rules and regulations regarding arbitrations through the can be found through the website of the World Bank as well as a relatively current list of parties to the ICSID convention.
Council Regulation (EC) No. Writing about legal issues can look like a challenging task, but it may become much easier with proper preparation. Nottage, L.R., “International Arbitration and Society at Large” (February 1, 2018), in A. Bjorklund (et al.) This is a guide to international commercial and investment arbitration research at the Harvard Law School Library. The following are two of such institutional bodies: 1. Also available through the site are historical awards for New York Stock Exchange, the American Stock Exchange, the Philadelphia Stock Exchange, and the Municipal Securities Rulemaking Board. In addition, there is a collection of New York Convention decisions, organized by article of the convention. With Neil Gorsuch's appointment to the high court, conservatives regain their 5-4 majority, which will likely benefit employers over workers. Bilateral investment treaties are stacked in favour of developed countries, the main sources of foreign direct investment. Starting in 1976 and published annually, this publication provides references to new or amended foreign arbitration rules, a short description of recent ICA developments in relevant countries and, most importantly, arbitral awards and court decisions.
Hayward, B., “Paying Attention to Choice of Law in International Commercial Arbitration - or - Why the Conflict of Laws Always Matters”, in M. Douglas (et al.) ), Conflict of Laws in International Commercial Arbitration, 2nd ed. 6. Scherer, M., “Artificial Intelligence and Legal Decision-Making: The Wide Open? ), Evolution and Adaptation: The Future of International Arbitration, ICCA Congress Series No. Each article has keywords associated with it, which can be used to locate similar articles via the annual index.
If you have questions or comments about this guide, please contact the author, Jennifer Allison, using the contact information at the top of the page. To search for a term in the guide, use CTRL+F. Replacing the Geneva Protocol and Geneva Convention is the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, otherwise known as the New York Convention. Issues can include articles written by practitioners and academics, cases from Swiss courts, cases from foreign jurisdictions, arbitral awards and orders, book reviews and information regarding ASA. A research in economies of scale and scope in banking. Browse Arbitration news, research and analysis from The Conversation Arbitration – News, Research and Analysis – The Conversation – page 1 Menu Close Individual countries will sometimes provide a list of their BITs. International Commercial Arbitration, Georgetown Law Library. Brierly Memorial Lecture”. The ProQuest database (available to the Columbia University community) may be especially helpful for finding news articles regarding ICA. Volume 3 covers international arbitration institutions (with applicable rules attached as an appendix). One can also conduct a full-text search of the volumes. ), Oxford Handbook of International Arbitration, Oxford, Oxford University Press, 2018, Forthcoming.
ICA is a method of resolving disputes through an arbitration proceeding heard by one or more arbitrators, instead of pursuing resolution of the dispute through an applicable court system. The court narrowly ruled that employees who sign arbitration agreements can't bring class action suits over unpaid wages. ICSID Reports This is a system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the UN Commission on International Trade Law (UNCITRAL). This is a collection of postings from 2011 by SCOTUSBlog contributors about the topic of arbitration, focusing specifically on the 2011 Supreme Court case of. Provides summary and analysis of all WTO reports and arbitrations; a current keyword index; a database of dispute settlement tables and statistics; and a user-friendly search tool for WTO cases, legal texts, and other documents. Ahead of the ICDR-AAA/ICC/ICSID 35th Annual Joint Colloquium on International Arbitration on the 7th December 2018 in Washington D.C., Oxford University Press curated an article collection focusing on the theme of this year's event: 'Advancing Innovation in International Arbitration'. 5.
2. Below are links to information about words or phrases that often appear in the arbitration literature. The American Society of International Law. ), The Oxford Handbook of International Arbitration, Forthcoming. An Appraisal of International Crimes and the Operations of the International Criminal Court ABSTRACT … Includes excerpts from ICC arbitral awards, official notes, reports and guidelines on dispute resolution practice and procedure, statistics, news, and articles by eminent arbitration specialists. Efforts to build a more effective trading regime between Europe and the USA can reasonably be called positive, both for growth and the ease of doing business. The LCIA provides a brief summary of the rules here. 5, Article 1. Arbitration is well-placed to utilize and benefit from new legal technologies, in particular online dispute resolution and Big Data. Guide to law and practice of arbitration in several countries around the world. One can browse the books through the table of contents or search in particular sources (using the advanced search feature). International Organizations and Relations. There are sometimes maps published in connection with an award--such maps are only available in the print version. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. An archive of non-confidential decisions since 1986 are in a database, also in .pdf format. Abstract: This issue features innovation and disruption in international arbitration. On Wednesday January 28, 2015, the fourth of a series of Lectures on Peacebuilding in Progress was held at the Academy Building of the Peace Palace, The Hague. Zhang, J., “The Harmonisation of Interim Measures Granted by the Emergency Arbitrator in the European Union”, in V. Lazić, and S. Stuij (eds. This Chapter examines three phenomena concerning appointing authorities that have occurred in recent arbitrations: self-appointment (where the appointing authority appoints him or herself to the tribunal); party ... Norton Rose Fulbright: International Arbitration Report, Issue No.
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