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Arbitration x Private International Law and Conflict of Laws x clear all

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The Abyei Arbitration and the Use of Arbitration to Resolve Inter-state and Intra-state Conflicts

Wendy J. Miles and Daisy Mallett.

in Journal of International Dispute Settlement

August 2010; p ublished online September 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 12181 words.

Starting from the experience of the so-called Abyei Arbitration—which concerned Sudan’s highly political and emotive situation of the delimitation of the country’s oil-rich Abyei region—the...

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Adjudication, Arbitration and the Turn to Public Law ‘Standards of Review’: Putting the Precautionary Principle in the Crucible

Caroline E. Foster.

in Journal of International Dispute Settlement

November 2012; p ublished online October 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 19043 words.

There is a particular pressure for international judges and arbitrators to turn to public law ‘standards of review’ in health and environmental disputes, because they raise sensitive issues...

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Advisory Opinions

Anthony Aust.

in Journal of International Dispute Settlement

February 2010; p ublished online February 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 14246 words.

The article argues that the International Court of Justice should exercise its discretion and refuse a request for an advisory opinion when the underlying problem can be resolved only by...

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Allocating Adjudicatory Authority: Most-Favoured-Nation Clauses as a Basis of Jurisdiction—A Reply to Zachary Douglas

Stephan W. Schill.

in Journal of International Dispute Settlement

August 2011; p ublished online September 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 9486 words.

The present article comments on Zachary Douglas, The MFN Clause in Investment Arbitration: Treaty Interpretation Off the Rails, published in the February 2011 issue of this Journal. It...

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Arbitral Decision-Making: Legal Realism and Law & Economics

Thomas Schultz.

in Journal of International Dispute Settlement

July 2015; p ublished online June 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11459 words.

As the social impact and role of international arbitration receives increasing attention, one central theme in this conundrum gains prominence: how do arbitrators decide cases? What...

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The Arbitral Role in Contractual Interpretation

Joshua Karton.

in Journal of International Dispute Settlement

March 2015; p ublished online January 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 20902 words.

This article considers the role of arbitrators in adjudicating the merits of international commercial disputes. It focuses, as a case study within this broader topic, on the interpretation...

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Arbitration as an iPhone, or Why Conduct Academic Research in Arbitration?

Thomas Schultz.

in Journal of International Dispute Settlement

August 2011; p ublished online September 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 3399 words.

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Arbitration in Autumn

William W. Park.

in Journal of International Dispute Settlement

August 2011; p ublished online July 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 16291 words.

Often invoked as a metaphor for decline and decay, autumn also carries a sense of robust maturity bringing fruitful harvest and new beginnings. The season’s double symbolism evokes rival...

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Arbitrators and Accuracy

William W. Park.

in Journal of International Dispute Settlement

February 2010; p ublished online January 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 17672 words.

An arbitrator's; primary duty remains the delivery of an accurate award, resting on a reasonably ascertainable picture of reality. Litigants wanting only quick or cheap solutions can roll...

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