Suchergebnisse

About the Authors --Foreword --Preface --Acknowledgments --Introduction to Third-Party Funding --Mechanics of Third-Party Funding Agreements: A Funder's Perspective --Ethical Considerations for Third-Party Funding --Third-Party Funding in Australia --Third-Party Funding in the United Kingdom --Third-Party Funding in the United States of America --Third-Party Funding in Germany --Third-Party Funding in the Netherlands --Third-Party Funding in Canada --Third-Party Funding in South Africa --Third-Party Funding in Europe: An Overview --Third-Party Funding in Asia: An Overview --Third-Party Funding in Latin America, the Caribbean, the Middle East, and Africa: An Overview --Third-Party Funding in Investor-State Arbitration --Conclusion --Appendices.

Preliminary Material -- International commercial arbitration as a private international law enterprise -- Arbitral jurisdiction and the arbitration agreement -- Choice of law governing the arbitration agreement -- The lex arbitri and the arbitral seat -- Parallel litigation and arbitration -- Choice of substantive law -- Limits to party autonomy in choice of law -- The award -- Annulment of awards -- Recognition and enforcement of arbitral awards -- Index -- About the Author -- Printing Information.

This article rejoins one of the core debates in investor-state arbitration, over the extent to which arbitrators may refer to sources of international law beyond the investment treaty that governs the dispute. This issue may appear esoteric, but the political backlash to investment treaty arbitration is largely fueled by uncertainty over the content of the substantive rules that bind states in their relations with foreign investors. Such uncertainty affords arbitrators room to indulge what is alleged to be a pro-investor bias. It may chill regulatory initiatives, even if in the end most states' actions are vindicated. The problem at the heart of investment arbitration is, therefore, a legal one, so there may be a legal response to the political backlash. This article argues that arbitrators are obligated by the choice of law clauses contained in most investment treaties to consider all potentially relevant sources of international law. Arbitrators are akin to agents of the states that enter into investment treaties, and are bound by choice of law provisions in those treaties. Since most of these refer simply to the text of the treaty and "international law", tribunals not only may but must refer to international law beyond the treaty. Putting choice of law at the centre of determinations of tribunals' interpretive authority refocuses arbitrators' attention on states, which are, after all, the parties to the arbitration agreements that empower investor-state tribunals. It gives proper weight to the economic objectives of international investment law, but also provides arbitrators with an appropriate basis on which to account for the public interest, via international law doctrines of environmental protection, indigenous rights, and the like. Finally, it could help stave off a continued backlash to investor-state arbitration, which would harm the global investment climate and the global rule of law. ; Not peer reviewed

Domestic law often plays an important role in investment treaty arbitration, but how it should be addressed is unclear. Drawing on case law, international law principles, and comparative analysis, this book sets out a framework for engaging with domestic law

Preliminary Material / Felix Dasser --Setting the Stage / Felix Dasser --The origin : soft law in public international law / Felix Dasser --The transfer : the rise of the concept in ICA / Felix Dasser --Phenomenology : the most often mentioned "soft law" sources and instruments / Felix Dasser --Deep dive I : the IBA Rules on the Taking of Evidence in International Arbitration (2010) / Felix Dasser --Deep dive II : the IBA Guidelines on Conflicts of Interests in International Arbitration (2014) / Felix Dasser --Deep dive III : the IBA Guidelines on Party Representation in International Arbitration / Felix Dasser --Synthesis / Felix Dasser --Whither hence ? / Felix Dasser --Bibliography / Felix Dasser --About the Author / Felix Dasser.

Conciliation in International Law: The OSCE Court of Conciliation and Arbitration -- Copyright -- Contents -- 1 Introduction -- Part 1: Conciliation as a Method of International Dispute Settlement -- 2 Expectations Attached to Conciliation Reconsidered -- 3 Conciliation within the Framework of Dispute Settlement Procedures: An East European Perspective -- 4 Diplomatic and Jurisdictional Aspects in Conciliation Procedures: Conciliation between Dispute Settlement and Conflict Prevention -- 5 Peaceful Settlement of International Disputes: About the Essence and Role of Conciliation

Contemporary Issues in International Arbitration and Mediation; Copyright; Contents; Keynote Address: Outlook for the Continued Vitality, or Lack Thereof, of Investor-state Arbitration; PART 1: Innovations in International Arbitration; 1: Merit Appeals in International Arbitration: Undermining Arbitration or Facilitating True Party Autonomy; 2: Are Emergency Awards Enforceable in the United States? A Guide for the Perplexed; 3: Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata; 4: Precedential Value of International Arbitral Awards

Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law

The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013 is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation, held in New York.