Oxford Index Browse

You are looking at 1-10 of 190 items for:

Arbitration x Private International Law and Conflict of Laws x Public International Law x Settlement of Disputes x clear all

Show only full text

Refine by type

Refine by product

 

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...

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...

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...

All Roads Lead to Strasbourg?: Application of the Margin of Appreciation Doctrine by the European Court of Human Rights and the UN Human Rights Committee

Yuval Shany.

in Journal of International Dispute Settlement

May 2018; p ublished online July 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11770 words.

ABSTRACT

The present article seeks to explore the possibility that a gap exists between the perceived rejection of the margin of appreciation (MoA) doctrine by...

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...

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...

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...

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.

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...

Arbitrator’s Conduct on Social Media

Suar Sanubari.

in Journal of International Dispute Settlement

September 2017; p ublished online January 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 12133 words.

ABSTRACT

This article proposes a revision to the ‘Green List’, sections 4.3.1 and 4.4.4 of the International Bar Association (IBA) Guidelines on Conflicts of...