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Servant of Two Masters

Overview page. Subjects: Literary Studies (Plays and Playwrights).

A: Carlo Goldoni Pf: c.1746, Estate dell'Anno, Italy Pb: 1753 null...

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Deference in Investment Treaty Arbitration

Stephan W. Schill.

Journal Article. Subjects: Arbitration; Law. 31 pages. 17192 words.

The standard of review to be applied by investment treaty tribunals when reviewing host state conduct is a crucial, but still insufficiently analysed issue. Although tribunals frequently...

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Improving the Mechanisms for Treaty Negotiation and Investment Disputes

Thomas W. Wälde.

Journal Article. Subjects: Arbitration; Law. 78 pages. 42221 words.

This article discusses mechanisms and methods for improving investment treaty arbitration and investment arbitration. It first presents the author's view of why investment arbitration...

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Practical Issues Relating to the Use of Expert Evidence in Investment Treaty Arbitration

Nigel Blackaby and Alex Wilbraham.

in ICSID Review - Foreign Investment Law Journal

October 2016; p ublished online October 2016 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 7381 words.

In its treatment of expert evidence, investment treaty arbitration has followed a largely common law adversarial system that favours the use of party-appointed experts. At best, such...

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The Rise of a Third Generation of Arbitrators?

Thomas Schultz and Robert Kovacs.

in Arbitration International

June 2012; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 4539 words.

Fifteen years ago, sociologist Yves Dezalay and lawyer Bryant Garth wrote an enormously successful book in which they asked a simple but important question: What sort of people become...

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The Twelfth Camel, or the Economics of Justice

François Ost.

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. 9598 words.

In this article, the author takes us through 12 readings of an ancient parable about justice—the story of an old Bedouin in the desert who drafts a curious testament for the distribution of...

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Captain Charles Elliot RN, Arbitrator: Dispute Resolution in China Waters 1834–1836

Derek Roebuck.

in Arbitration International

June 1998; p ublished online December 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 16023 words.

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International Adjudication, Rhetoric and Storytelling

Andrea Bianchi.

in Journal of International Dispute Settlement

March 2018; p ublished online April 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 9333 words.

ABSTRACT

Legal professionals involved in dispute settlement might greatly benefit from taking a look at literature and learning more about storytelling and...

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Judicial Activism in International Law—A Conceptual Framework for Analysis

Fuad Zarbiyev.

in Journal of International Dispute Settlement

July 2012; p ublished online June 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18057 words.

In this article the author provides an analytical framework designed to assess the phenomenon of judicial activism in international law. Although international judicial activism has not...

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Literary and Dramatic Disputes in Shakespeare’s Time

Barbara Lauriat.

in Journal of International Dispute Settlement

March 2018; p ublished online June 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 6352 words.

ABSTRACT

Modern copyright law as we know it did not exist in Shakespeareã s time. Nevertheless, the Elizabethan age saw a high degree of professionalism of...

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The extent of arbitrators’ power to order class arbitration

Claudia Pharaon.

in Arbitration International

December 2015; p ublished online May 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 12860 words.

The United States (‘US’) Supreme Court’s decision in Stolt-Nielsen v AnimalFeeds (2010) shook up the American arbitration landscape. First, when justifying the annulment of the arbitral...

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Is Investor-State Arbitration ‘Public’?

José E. Alvarez.

in Journal of International Dispute Settlement

November 2016; p ublished online August 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 24233 words.

The essay critiques prevailing descriptions of investor-state arbitration (ISDS) as a form of ‘public’ adjudication requiring exclusively ‘public law’ prescriptions for change. It is...

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Part III Practice and Procedure, 13 Selection of Counsel and Arbitrators: Towards a “Mining Arbitration Bar”

Henry G. Burnett and Louis-Alexis Bret.

in Arbitration of International Mining Disputes

Chapter. Subjects: Arbitration; Law. 16 pages. 8984 words.

This chapter discusses the selection of counsel and arbitrators for international mining disputes. The selection of lawyers is crucial because they will be drafting pleadings, presenting...

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Deference in Investment Treaty Arbitration: Re-conceptualizing the Standard of Review

Stephan W. Schill.

in Journal of International Dispute Settlement

November 2012; p ublished online September 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 16832 words.

The standard of review to be applied by investment treaty tribunals when reviewing host state conduct is a crucial, but still insufficiently analysed issue. Although tribunals frequently...

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