This Article is part of a broader research agenda that studies the relationship between arbitration and constitutional law. Taking its cue from the recent Canadian Softwood Lumber dispute over the constitutionality of NAFTA's dispute resolution boards, this Article asks a broader question: Why is arbitration compatible with Article III? Under the traditional account, when parties chose to arbitrate, they waive their right to an Article III forum, thereby eliminating any Article III issue. Accounts grounded in waiver, however, fail to grapple adequately with the significant structural concerns presented by arbitration. This Article defends the need for a more robust theory, one that accounts for these structural concerns and can address the novel constitutional challenges presented by a ...
... could have been confined to the international trade context. Unlike other nations, the United St...
Arbitration of International Business Disputes: Studies in Law and Practice, by William W. Park, is reviewed.
...Drawing an analogy with arbitration, the court held that a person appointed as adjudic...ICC International Court Of Arbitration Bulletin 2008 Vol.19 No.2 . n...
International Construction Arbitration Law, by Jane Jenkins and Simon Stebbings, is reviewed.
... the enforceability of certxxx arbitration axxxxxxxxx onthe availabilixx of xxxxxxxxe arxxxxx... forgo theprocedural rigor and appellxxx review xx the couxxx inorder to realize the benefits ..., at 629 (antitrust claimsxxxxxxx in international transaction are arbitrablx). Wehave xxxxxx nondis...
Transnational enterprises are operating on a global scale, with more complex contracts characterized by longterm arrangements.\n The principle finding of this study - based on comparative survey data and interviews - suggests that cultural diversity and global standards simultaneously impact the practice of international commercial arbitration in East Asia. Because of the flexible structure of the international arbitration system that is based on a Model Law framework which allows countries to opt in or out of particular provisions, substantive variation pertaining to differing preferences for conciliatory or adjudicatory approaches to arbitration can coexist with a relatively high level of procedural uniformity across regions. 1.
Arbitration of Commercial Disputes: International and English Law and Practice, by Andrew Tweeddale and Keren Tweeddale, is reviewed.
...REVIEW: This legal treatise addresses the scope and conte...
... article was originally published in International Arbitration Law Review, Issue 2, 2012. Introduct...
Introduction. II. The Authority Of Judicial Decisions. A. Types of Authority that Can Be Delivered to Judicial Decisions. 1. The "Efficiency" Rationale for Authority. 2. The "Personal" Rationale for Authority. a. The "Insight" Rationale for Authority. b. The "Expertise" Rationale for Authority. c. The "Institutional" Rationale for Authority. B. A Preliminary Objection. III. The Role Of Authority In Traditional Arbitration. IV. The Loss Of Authority In Contemporary International Arbitration. A. Problems Derived from the Arbitrator Selection Processes. B. The Three-Arbitrator Panel as Displaced Party Negotiation. C. The Relevance of Authority to Corporate Actors. V. The Unavailability Of Institutional Authority To Replace The Authority Of Arbitrators. VI. The Shift From Authority Of Ar...
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