The Past and Future of the Great Compact: White & Case International Arbitration Lecture (Lamm Lecture, University of Miami School of Law, 9 February 2017)

2018 ◽  
Vol 33 (1) ◽  
pp. 56-66
Author(s):  
W Michael Reisman
Keyword(s):  
International Arbitration ◽  
The Past ◽  
University Of Miami

scholarly journals A Brief Analysis of International Arbitration as a Form of Alternative Dispute Settlements

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Yifang Gao
Keyword(s):  
Rapid Expansion ◽  
Clear Understanding ◽  
International Arbitration ◽  
Concomitant Increase ◽  
The Past ◽  
Cross Border ◽  
Dispute Settlements ◽  
Commercial Disputes

Over the past decades, the rapid expansion of cross-border commercial transactions has given rise to a concomitant increase in cross-border disputes. As a method of settling commercial disputes, in comparison with litigation, international arbitration has a lot of strengths, which is one reason why it is increasingly popular. Thus this article offers a brief analysis of international arbitration as a form of Alternative Dispute Settlements in order that the concept of international arbitration can be had a clear understanding.

scholarly journals Best International Arbitration Practice in Hong Kong

2018 ◽  
Vol 112 ◽  
pp. 105-108
Author(s):  
Ling Yang
Keyword(s):  
Hong Kong ◽  
Open Market ◽  
International Arbitration ◽  
The Past ◽  
Market Approach ◽  
Consistent Support

Thanks in no small part to its open market approach and consistent support for pro-arbitration policies, over the past few decades, Hong Kong has emerged as one of the world's leading centers for international arbitration.

A Permanent Tribunal of International Arbitration: Its Necessity and Value

1907 ◽  
Vol 1 (2) ◽  
pp. 342-408 ◽  
Author(s):  
R. Floyd Clarke
Keyword(s):  
International Arbitration ◽  
The Past ◽  
Industrial Age ◽  
Business Opportunities ◽  
The Common ◽  
Average Individual

The average individual of these modern days views war with apprehension and alarm. To him it means loss, or risk, of life or limb, either for himself or for those dear to him, or loss of business opportunities and heavy taxes. The growth of socialistic and democratic doctrines has widely spread the historic truth that in the conflicts of the past, largely brought on by the selfish greed of the oligarchic few, the plain many, “the common herd,” Napoleon’s “food for powder,” have had their sufferings for their pains. And the heads of the aggregations of men we call “sovereign states”—the oligarchic few— softened by the spread of the civilizing influence of an industrial age, themselves begin to look on war askance, and to plan ways of avoiding it.

Part IV Law and Applicable Principles, 20 Towards a Lex Mineralia

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
International Law ◽  
Petroleum Industry ◽  
Mining Industry ◽  
Source Material ◽  
Customary Law ◽  
International Arbitration ◽  
Mining Companies ◽  
The Past

This brief chapter discusses the emergence of a set of substantive transnational principles governing international mining disputes. Over the past two decades, an increasing number of arbitral awards relating to international mining disputes have been published. This is particularly so in the context of disputes between States entities and international mining companies. As was the case earlier with the petroleum industry, these public awards provide the source material from which customary law may be drawn. This has not yet created a mature set of principles and regulations, but it has developed the beginning of a lex mineralia that guides the international mining industry. As an increasing number of arbitral awards are rendered and become public, owing to a growing push for increased transparency in international arbitration, this lex mineralia may well mature and develop into a recognized subset of international law.

2 Agreement to Arbitrate

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Dispute Resolution ◽  
International Arbitration ◽  
The Past ◽  
National Courts ◽  
Arbitration Clause ◽  
The Future ◽  
Foundation Stone

This chapter further explores the element of the agreement to arbitrate, which serves as the foundation stone of international arbitration. It describes the consent of the parties to submit to arbitration-a consent that is indispensable to any process of dispute resolution outside national courts. The chapter examines and compares the two basic types of arbitration agreement: the arbitration clause and the submission agreement. An arbitration clause looks to the future, whereas a submission agreement looks to the past. The first, which is most common, is usually contained in the principal agreement between the parties and is an agreement to submit future disputes to arbitration. The second is an agreement to submit existing disputes to arbitration.

Don’t rage against the machine: why AI may be the cure for the ‘moral hazard’ of party appointments

2020 ◽  
Vol 36 (4) ◽  
pp. 491-507
Author(s):  
Mel Andrew Schwing
Keyword(s):  
Artificial Intelligence ◽  
Moral Hazard ◽  
Dispute Resolution ◽  
Selection Process ◽  
Modern Technology ◽  
The Self ◽  
Human Beings ◽  
International Arbitration ◽  
The Past ◽  
Self Interest

Abstract In 2010, Jan Paulsson decried the use of party-appointed arbitrators in international arbitration as a ‘moral hazard' that threatened the legitimacy of arbitration as an impartial method of dispute resolution. He suggested a series of reforms, most notably allowing arbitral institutions to make all arbitrator appointments. Over the past decade, commentators have debated Paulsson's arguments and whether arbitrators should be chosen by parties or arbitral institutions, relying on an assumption that those two methods are the only ways by which arbitrators can be selected. This essay demonstrates that both approaches are fundamentally flawed, because they are subject to the self-interest and biases of human beings. Moreover, it explains how modern technology has produced a new way by which arbitrators can be selected--specifically, via artificial intelligence (AI)--that allows for parties to have input into the selection process but removes the issues that arise when parties select arbitrators directly. As this essay illustrates, using an AI to select arbitrators will allow arbitrators to truly be independent, ensure that arbitrators are selected for their merit and not for their connections, eliminate incentives for compromise awards and the use of dissents to communicate leanings to future appointing parties, and increase diversity in arbitrator appointments.

scholarly journals National Security and International Arbitration

1924 ◽  
Vol 18 (4) ◽  
pp. 777-781
Author(s):  
C. G. Fenwick
Keyword(s):  
National Security ◽  
League Of Nations ◽  
Significant Feature ◽  
International Arbitration ◽  
The Past ◽  
Past Generation ◽  
Present Writing ◽  
The Moment ◽  
The Ideal

The most significant feature of the development of international arbitration during the past generation has been the gradual widening of the field of controversies to which the obligation to arbitrate should apply. The plan of a comprehensive agreement to arbitrate all disputes without restriction seemed at the time of the First Hague Conference the ideal of a fardistant millennium, and to many, indeed, not even an ideal, but an unwarranted restraint upon national progress. At the moment of present writing (September 17) the plan seems to have come within the range of practical possibilities and the Assembly of the League of Nations is discussing ways and means of giving it definite actuality.

The Emergence of Early Disposition Procedures in International Arbitration

2021 ◽  
Author(s):  
David L Wallach
Keyword(s):  
High Standard ◽  
International Arbitration ◽  
The Past ◽  
Recent Memory ◽  
Arbitration Procedure ◽  
Further Development

Abstract International arbitral institutions have begun adding early disposition procedures to their rules. This began as a trickle in 2006 when the ICDR became the first institution to add an early disposition rule. It has turned into a flood, with seven major institutions adding procedures in the past five years. There are important differences among the early disposition procedures adopted by various institutions, but those procedures share certain characteristics. They generally impose a high standard of review that must be satisfied to obtain early disposition. Further, many institutions’ procedures are limited in the types of issues that can be raised and the time within which an application for early disposition must be made and disposed of. The absence of early disposition procedures has long been a weakness of international arbitration. The advent of these procedures is one of the most significant shifts in international arbitration procedure in recent memory. This article charts the emergence to early disposition procedures and the arguments for and against them. It reviews the procedures adopted to date and compares them with one another. Finally, it concludes with some reflections on current early disposition procedures and ideas for their further development.

Observations of the continuum near the galactic centre

1967 ◽  
Vol 31 ◽  
pp. 405
Author(s):  
F. J. Kerr
Keyword(s):  
Galactic Centre ◽  
The Past ◽  
Centre Region ◽  
The Continuum

A continuum survey of the galactic-centre region has been carried out at Parkes at 20 cm wavelength over the areal11= 355° to 5°,b11= -3° to +3° (Kerr and Sinclair 1966, 1967). This is a larger region than has been covered in such surveys in the past. The observations were done as declination scans.

The Origin of the Moon and its Relationship to the Origin of the Solar System

1962 ◽  
Vol 14 ◽  
pp. 133-148 ◽  
Author(s):  
Harold C. Urey
Keyword(s):  
Solar System ◽  
The Moon ◽  
The Past ◽  
The Earth ◽  
Short Period ◽  
Origin Of The Moon

During the last 10 years, the writer has presented evidence indicating that the Moon was captured by the Earth and that the large collisions with its surface occurred within a surprisingly short period of time. These observations have been a continuous preoccupation during the past years and some explanation that seemed physically possible and reasonably probable has been sought.

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