By Arthur W Rovine
Those are the "2007 Fordham Papers", the 1st annual quantity of papers on foreign arbitration and mediation written through best figures in those fields who spoke on the 2007 annual convention on foreign arbitration and mediation held on the Fordham legislations university in long island urban. The 5 chapters of 23 papers handle present problems with foreign arbitration, together with investor-state arbitration, the behavior of overseas arbitration and jurisdictional concerns, treatments and defenses, fresh advancements in arbitrator disclosure legislation and perform, and foreign mediation, together with ethics, education, technique, and progress of mediation. The papers concentrate on either functional issues and scholarly analyses.Contributors contain: Antonio Parra, Lucy Reed, Daina Bray, Brigitte Stern, Barton Legum, Hon. Charles Brower, Michael Ottolenghi, Yves Derains, Judith Gill, John Barcelo, Yuval Shany, Jonas Benedictsson, Julian Lew, Sigvard Jarvin, Richard Mosk, Robert Davidson, James Carter, Lorraine Brennan, Michael Hwang, Katie Chung, Fong Lee Cheng, Kathleen Scanlon, Hon. Fern Smith, Jon Lang, Eileen Carroll, Norris Yang, and Mercedes Tarrazon.
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Additional resources for Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2007 (No. 1)
The first gives the parties full autonomy in regard to the selection of the law applicable to the merits of their dispute. 9 The formula makes it clear that the parties may agree not only that their tribunal will apply a domestic law or international law, but also, among other possibilities, combinations of domestic and international law rules. There is no requirement that the parties’ agreement on applicable law be express. ’’ As regards the applicable domestic law, this provision may in practical terms differ little from its UNCITRAL counterparts.
Pdf. Freshfields represents Saluka in the UNCITRAL proceedings. Fair and Equitable Treatment 23 [I]n imposing the forced administration of [the bank] . . 44 PSEG V. TURKEY In PSEG v. 45 The tribunal noted that: The standard of fair and equitable treatment has acquired prominence in investment arbitration as a consequence of the fact that other standards traditionally provided by international law might not in the circumstances of each case be entirely appropriate. 46 41 Id. at ¶ 276 (emphasis added).
The Sempra tribunal discussed the relationship between fair and equitable treatment and indirect expropriation as follows: [I]t would be wrong to believe that fair and equitable treatment is a kind of peripheral requirement. To the contrary, it ensures that even where there is no clear justification for making a finding of expropriation, as in the present case, there is still a standard which serves the purpose of justice and can of itself redress damage that is unlawful and that would otherwise pass unattended.
Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2007 (No. 1) by Arthur W Rovine