Transnational Arbitration

Transnational Arbitration

 

1

20TH ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION “CONFRONTING ETHICAL ISSUES IN INTERNATIONAL ARBITRATION”
World Arbitration & Mediation Review
Volume 3, Number 3, 2009

LAW JOURNAL / LAW REVIEW

2

SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION Treaties , AS OF SEPTEMBER 25, 2009
Seem Web & Rami Zoubi
World Arbitration & Mediation Review
Volume 3, Number 3, 2009 p.437

LAW JOURNAL / LAW REVIEW

3

THE ARBITRATION-LITIGATION RELATIONSHIP IN TRANSNATIONAL DISPUTE RESOLUTION: EMPIRICAL INSIGHTS FROM THE U.S. FEDERAL COURTS
Christopher WhyLaw Journal / Law Reviewk
World Arbitration & Mediation Review
Volume 2, Number 5, 2008 p.39

LAW JOURNAL / LAW REVIEW

4

When Arbitrators Facilitate Settlement: Towards a Transnational Standard-Clayton Utz/University of Sydney International Arbitration Lecture
Gabrielle Kaufmann-Kohler
Arbitration International
Volume 25, Number 2, 2009 p.187

LAW JOURNAL / LAW REVIEW

5

19TH ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION – “DAMAGES IN INTERNATIONAL ARBITRATION: STRATEGIES, TECHNIQUES & PRESENTATION”
World Arbitration & Mediation Review
Volume 2, Number 4, 2008

LAW JOURNAL / LAW REVIEW

6

ITA SERVICES AND EVENTS SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION Treaties , AS OF JANUARY 1, 2009
Seem Maleh & Tracy Matlock
World Arbitration & Mediation Review
Volume 2, Number 4, 2008 p.193

LAW JOURNAL / LAW REVIEW

7

Chronicles of a Failure: From a Renegotiation Clause to Arbitration of Transnational Contracts
Luigi Russi
Connecticut Journal of International Law
Volume 24, Number 1, Fall 2008 p.77

LAW JOURNAL / LAW REVIEW

8

A NEW PARTNERSHIP: THE INSTITUTE FOR TRANSNATIONAL ARBITRATION AND WORLD ARBITRATION AND MEDIATION REVIEW
Charles H. Brower, II, David D. Caron & Abby Cohen Smutny
World Arbitration & Mediation Review
Volume 2, Number 3, 2008 p.1

LAW JOURNAL / LAW REVIEW

9

PRINCIPLES AND CRITERIA FOR INTERNATIONAL AND TRANSNATIONAL PUBLIC POLICIES IN COMMERCIAL ARBITRATION
Chang-fa Lo
Contemporary Asia Arbitration Journal
Volume 1, Number 1, May 2008 p.67-90

LAW JOURNAL / LAW REVIEW

10

LITIGATION, ARBITRATION, AND THE TRANSNATIONAL SHADOW OF THE LAW
Christopher A. WhyLaw Journal / Law Reviewk
Duke Journal of Comparative & International Law
Volume 18, Number 2, Spring 2008 p.449

LAW JOURNAL / LAW REVIEW

11

Arbitration as a transnational business dispute resolution
Masanori Kawano
Acta Juridica Hungarica
Volume 49, Number 3, September 2008 p.299

LAW JOURNAL / LAW REVIEW

12

Maritime law and the TPA as a “mandatory statute”in Australia and England: Confusion and consternation?
Kate Lewins
Australian Business Law Review
Volume 36, Number 2, April 2008 p.78

LAW JOURNAL / LAW REVIEW

This article is concerned with the clash between party autonomy in contracts and mandatory rules of a State in the context of maritime law. Where litigation takes place in Australia, the Trade Practices Act (TPA), as a mandatory law of the forum, applies to the contract. However, in many transnational contracts involving Australian parties, the parties have agreed that the law of a different country is to govern their contract or granted a non-Australian court exclusive jurisdiction over any disputes. Alternatively they may have agreed to submit disputes to arbitration outside Australia. Commonly the parties choose English Courts or London Arbitration. In doing so, the parties have exercised a choice, which, if permitted to operate, will take their contract out of the reach of the mandatory law of Australia. How do Australian and English courts treat this apparent clash of policies and what is the consequence for contractual parties who find themselves litigating a jurisdictional dispute both in Australia and England?

13

The role of transnational online arbitration in regulating cross-border e-business Part II
Antonis Patrikios
Computer Law and Security Review
Volume 24, Issue 2, 2008 p.129-138

LAW JOURNAL / LAW REVIEW

14

The role of transnational online arbitration in regulating cross-border e-business Part I
Antonis Patrikios
Computer Law and Security Review
Volume 24, Issue 1, 2008 p.66-76

LAW JOURNAL / LAW REVIEW

15

Resolving International Investment Disputes in a Globalised World
Sandra L Caruba
New Zealand Business Law Quarterly
Volume 13, Number 2, June 2007 p.128

LAW JOURNAL / LAW REVIEW

International investment disputes are on the rise and, when such disputes are between private investors and States, their public welfare implications have become increasingly important. Although International commercial arbitration (“ICA”) is traditionally the preferred mechanism for resolving international commercial disputes, recent developments have improved Transnational Litigation ‘s attractiveness; however, neither is well-suited to disputes involving States – particularly when public welfare issues are at stake. The shortcomings of both ICA and Transnational Litigation have thus highlighted the role of the International Centre for Settlement of Investment Disputes (“ICSID”), and increased scrutiny on its workings. A review of some recent ICSID awards and rule changes, however, demonstrates that ICSID is responding to its critics, albeit incrementally.

16

Introduction to the Sixteenth Annual Workshop of the Institute for Transnational Arbitration
Donald Francis Donovan
Arbitration International
Volume 23, Number 2, 2007 p.163

LAW JOURNAL / LAW REVIEW

Act I. Constitution of the Tribunal; Act II. The Preliminary Hearing; Act III. Applications for Interim Measures; Act IV. The Hearing on the Merits

17

Resolution of Cross-Border E-Business Disputes by Arbitration Tribunals on the Basis of Transnational Substantive Rules of Law and E-Business Usages: The Emergence of the Lex Informatica
Antonis Patrikios
University of Toledo Law Review
Volume 38, Number 1, Fall 2006 p.271

LAW JOURNAL / LAW REVIEW

18

From Mediation to Settlement and from Settlement to Final Offer Arbitration: an Analysis of Transnational Business Dispute Mediation
Mordehai (Moti) Mironi
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 73, Number 1, February 2007 p.52

LAW JOURNAL / LAW REVIEW

19

New Arbitration Acts in Denmark and Spain–The Application of Transnational Rules to the Merits of the Dispute
Ana M. López-Rodrà­guez
Journal of International Arbitration
Volume 23, Number 2, April 2006 p.125

LAW JOURNAL / LAW REVIEW

20

Developments in Indirect Expropriation Case Law in ICSID Transnational Arbitration
Bjà¸rn Kunoy
Journal of World Investment & Trade
Volume 6, Number 3, June 2005 p.467

LAW JOURNAL / LAW REVIEW

21

The use of transnational rules of law in international arbitration
LEILA ANGLADE
Irish Jurist
Volume 38, 2003 p.92

LAW JOURNAL / LAW REVIEW

22

Piercing the Legal Veil: Commercial Arbitration and Transnational Law
Peer Zumbansen
European Law Journal
Volume 8, Issue 3, September 2002 p.400-432

LAW JOURNAL / LAW REVIEW

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Arbitration Organizations worldwide, International Commercial Arbitration, International business arbitration, International commercial arbitration, Transnational Litigation, Treaties, country.


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