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Oji A: UNASSAILABLE

UNASSAILABLE

Inside a Three-Billion-Dollar Arbitration and the Brief That Could Not Be Ignored

In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court's interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.

This book provides a roadmap to reform and enhance the fairness and coherence of the Federal Arbitration Act. Readers will be shown how the Federal Arbitration Act impacts the modern practice of arbitration and undermines the fairness of mandatory arbitration.

Successes, Failures, and a Roadmap for Reform

The Federal Arbitration Act

Swedish Studies in European Law

This open access book investigates, analyses, and discusses the emerging issues of investment and the EU legal order. Europe has historically had an open approach to investment, but evolving geopolitical considerations over the past decade have seen this classical open approach being increasingly replaced by a more protectionist stance. Leading scholars, civil servants and practitioners assess the implications of this change, taking a four part approach of framing investment, arbitration, sustainability, and future developments. The collection's expert insights and ambitious scope ensures its appeal to investment lawyers both within and outside the European Union.

The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Swedish Studies Network.

This open access book investigates, analyses, and discusses the emerging issues of investment and the EU legal order. Europe has historically had an open approach to investment, but evolving geopolitical considerations over the past decade have seen this classical open approach being increasingly replaced by a more protectionist stance. Leading scholars, civil servants and practitioners assess the implications of this change, taking a four part approach of framing investment, arbitration, sustainability, and future developments. The collection’s expert insights and ambitious scope ensures its appeal to investment lawyers both within and outside the European Union.

The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Swedish Studies Network.

Past, Present, and Future

The EU Law of Investment

Arbitration of Commercial Disputes 2e provides a comprehensive treatise of the English law and practice of commercial arbitration with comparative international perspectives.

English and International Law and Practice

Arbitration of Commercial Disputes

This book provides a detailed analysis of private-public arbitrations and their constitutional ramifications. Across twenty chapters and almost fourty jurisdictions, it evaluates how domestic legal systems safeguard public interest in arbitration, addressing concerns related to democracy, rule of law, and fundamental rights

The Comparative Constitutional Foundations of Private-Public Arbitration

This book explores the use of Third-Party Funding (TPF) in Investor-State Dispute Settlement (ISDS), a transformative yet controversial instrument that implicates procedural fairness, the commodification of justice, public interest, and state sovereignty in investment law.TPF is a topical, yet underexamined topic within international arbitration. With the TPF market now estimated to exceed USD 15 billion, its role in enabling investors to pursue expensive, high-value investment claims has attracted attention. The book comprehensively analyses the use of TPF in the context of the ISDS system, highlighting issues such as influence on the decision to settle, conflicts of interest, effects on procedural fairness, wealth transfer, and the commodification of justice. It argues that attempts to reform TPF have mainly focused on a narrow set of issues that may arise during arbitral practice, specifically the issue of potential conflicts of interest between funders and arbitrators, resulting in regulatory gaps. Amid recently completed and ongoing reform efforts by institutions such as UNCITRAL, this book offers a timely and critical analysis of the use of TPF in ISDS. It will combine theoretical insights, real-world examples, case law, and a comparative overview of current and proposed regulations to provide practical policy and regulatory suggestions.The book will be of interest to researchers in the field of international arbitration and investment law.

Third-Party Funding in International Investment Law

Ethics, National Security, and the Rule of Law

Hybrid Threats and Grey Zone Conflict explores the legal dimension of strategic competition below the threshold of war, assessing the key legal and ethical questions posed for liberal democracies. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies.

In the current geopolitical environment, liberal democracies vie for influence and prosperity with autocratic governments, such as those of China and Russia. While the great powers do not shy away from using aggressive force, much of their rivalry today takes place below the threshold of armed conflict, in a conceptual and practical 'grey zone' between war and peace. Autocratic states operate in this grey zone to target the vulnerabilities of liberal democracies, creating hybrid threats that rely on instruments ranging from economic, diplomatic, legal, and informational pressure all the way to military coercion. 

Law plays a critical role in this context. In the ethically and legally ambiguous grey zone, international law serves as a normative, yet malleable, framework within which geopolitical rivals compete. State and non-State actors invoke the law as the source of authority, while simultaneously hoping to shape the international legal order in their own strategic interests. 

Hybrid Threats and Grey Zone Conflict offers the first in-depth assessment of the legal and ethical aspects of hybrid threats and grey zone conflict. It explores the responses available to democratic nations for countering hybrid and grey zone threats whilst adhering to liberal democratic values and the rule of law. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies. This volume is essential reading for anyone interested in learning more about contemporary forms of strategic competition below the threshold of open hostilities.

The Challenge to Liberal Democracies

Hybrid Threats and Grey Zone Conflict

This book addresses the role of investment arbitrators within the framework of international investment law, a system that tends by design to prioritise the interests of foreign investors, often at the expense of the economic and social policies of the host states. The theoretical foundations of this volume are doctrinal, and the argument presented is aimed at contributing to the scholarly debate on the reform of the system of investment law. Because of this, the book is particularly focussed on the scholarship and is aimed at an audience already familiar with the system of investment arbitration and its case-law. The author explores both the explicit and implicit duties of arbitrators and critically questions certain critiques of investment law that call for arbitrators to interpret bilateral investment treaties and free trade agreements in ways that also protect the host states' interests. While the author argues that challenges to the legitimacy and credibility of the current investment law regime are well-founded, he also argues that arbitrators find themselves constrained by the prevailing legal framework, unable to fully balance the competing interests of foreign investors and host states. The book concludes that achieving greater equality in the investment legal regime necessitates a departure from the existing bilateral investment treaties paradigm and calls for a more just and balanced system of investment treaties. The author argues that, until such a transformation occurs, arbitrators remain compelled to apply the current applicable law, highlighting the insurmountable limitations and tensions within the present system.

Ethics, Power and Responsibility

Investment Arbitration’s Tightrope

An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer.

The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC).

It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure.

Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.

An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers’ remedies through comparative and normative examination.

A Comparative Study

Buyers’ Remedies in International Sales Law

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules.The book compares these five sets of rules by theme, addressing the role played by institutions; commencing the arbitration, formation and challenge of the Arbitral Tribunal; expedited and emergency procedures; conduct of the arbitration; powers of the tribunal; awards and orders; costs; and conduct and ethics. Each chapter contains a critique and commentary on the approach adopted by each institution, addressing the limitations of each set of rules whilst offering drafting tips and practical guidance for users and practitioners. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

This is the 4th edition of the casebook providing an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, this casebook is an excellent starting point for learning about the Convention will be particularly useful for students, international trade lawyers, and arbitration practitioners. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2020. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant issues arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects, and domestic laws. A companion website (bloomsbury.pub/international-sales-law) provides sample questions and answers, which students can use to test their knowledge. The analyses, cases, texts, and questions are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. For this reason, the book is especially suitable for students preparing for the Willem C Vis International Commercial Arbitration Moot.

A Guide to the CISG

International Sales Law

Oxford Legal History

Arbitrating Empire uncovers how ordinary people used arbitral claims commissions to challenge state violence across the United States Empire during the first decades of the twentieth century and why the State Department attempts to erase their efforts remade modern international law.

Arbitrating Empire uncovers how ordinary people used arbitral claims commissions to challenge state violence across the United States Empire during the first decades of the twentieth century and why the State Department attempts to erase their efforts remade modern international law.

United States Expansion and the Transformation of International Law

Arbitrating Empire

This book offers a sound exposition of the theoretical foundations of international arbitration law using a comparative and cross-cultural approach. Exploring the normative approaches and legitimacy crisis in a transnational context, it aims to establish links between the respective legal regimes handling disputes. Identifying pragmatic solutions in the contemporary world of conflicting interests, this book investigates the latest trends in international arbitration law. This book will help readers understand and demonstrate how best to manage the unification efforts to achieve synergies and enhance the legitimacy of a pluralistic world of international arbitration law. The combination of conceptual analysis and archival investigation of landmark case laws provide the reader with a fresh innovative understanding of the depth of international arbitration law. The book will be important reading for instructors, practitioners and scholars.

Offers a balanced combination of theory and practice of arbitration and present dimensions of discourses. Provides a comprehensive analysis, covering domestic and foreign law. It identifies the most relevant topical disputes from different legal traditions highlighting statutory amendments and judicial decisions.

Practice, Politics, and New Comparative Perspectives

International Arbitration and India

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