investment treaty arbitration ought to be characterised as review …

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …

This is a short essay introducing the reader to arbitration. Designed for general practitioners and non-lawyers, the … essay includes sections on: The advantages of arbitration over litigation: speed, cost, and informality. Concerns about … arbitration, especially arbitration agreements drafted by a party with overwhelming bargaining power and imposed upon a much …

Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the … first to explore that question in the important context of whether arbitration communications can be discovered and admitted … federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and …

In this essay, I examine recent Congressional efforts to ban pre-dispute arbitration clauses in securities brokerage … account agreements and thus eliminate mandatory arbitration of customer-broker disputes. In the proposed Arbitration Fairness … arbitration - whose fairness is regulated with substantial oversight by the Securities and Exchange Commission - does not suffer …

possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …

International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices …. However, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it … regime of arbitration agreements in the specific field of disputes arising out of the use of the ship or the carriage of …

, cases where it is sought to use the arbitration mechanism as a tool to facilitate the parties' involvement behavior …

Judicial review of arbitration awards is highly deferential- but when does it become rubber stamping? Using original … perspective. English kings and merchants helped to fashion modern arbitration. Nearly 700 years ago, small merchants traded goods … law, the 1698 Arbitration Act, did not allow courts to vacate awards for fact finding or legal errors. Great deference in …