LSN: International Adjudication (Topic)最新文献

{"title":"The Court of the Astana International Financial Center in the Wake of Its Predecessors","authors":"N. Zambrana-Tévar","doi":"10.5553/elr.000125","DOIUrl":"https://doi.org/10.5553/elr.000125","url":null,"abstract":"The Court of the Astana International Financial Centre is a new dispute resolution initiative meant to attract investors in much the same way as it has been done in the case of the courts and arbitration mechanisms of similar financial centres in the Persian Gulf. This paper examines such initiatives from a comparative perspective, focusing on their Private International Law aspects such as jurisdiction, applicable law and recognition and enforcement of judgments and arbitration awards. The paper concludes that their success, especially in the case of the younger courts, will depend on the ability to build harmonious relationships with the domestic courts of each host country.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115264768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Commercial Courts in France: Innovation without Revolution?","authors":"A. Biard","doi":"10.5553/elr.000111","DOIUrl":"https://doi.org/10.5553/elr.000111","url":null,"abstract":"In 2018, in the wake of Brexit, the French legal profession took several important measures to strengthen the competitiveness of France and the French legal system, and to make Paris an attractive go-to point when businesses have to deal with international commercial litigation. On close examination, Brexit is only the tip of the iceberg and has mostly served as a catalyst. The reasons for the development of international commercial courts in France are manifold. They are the consequences of long-standing efforts aimed at boosting the French judicial marketplace to adapt it to the requirements of globalisation and to the expectations of multinational corporations. The setting up of the French international business courts has made several procedural adjustments necessary. Although these adjustments undoubtedly represent clear innovations, they do not constitute a full-blown revolution. France has indeed decided to maximise the existing procedural rules, together with developing a new organisational format inspired by the common law tradition. Although it is too early to clearly assess the impact of these new developments, it is essential to keep our ears to the ground and to be forward-looking. We should carefully consider the possible side effects on the French justice system as a whole and, in particular, reflect on whether these international commercial courts might, in the future, open the door to a broader, far-reaching evolution within the judicial system. Finally, the current multiplication of international business courts across Europe triggers some questions concerning the role and potential added value of a European Union initiative in this domain.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133230379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulation BIa: A Standard for Free Circulation of Judgments and Mutual Trust in the European Union (JUDGTRUST) - National Report Greece","authors":"Apostolos Anthimos","doi":"10.2139/ssrn.3490799","DOIUrl":"https://doi.org/10.2139/ssrn.3490799","url":null,"abstract":"The text is the Greek National Report on the application of Brussels Ia [Regulation Nr. 1215/2012] on jurisdiction and enforcement of foreign judgments within the EU. It gives answers to a series of questions prepared by the Asser Institute (Center for International and European Law), the University of Antwerp, the University of Hamburg, and the International Legal Institute, The Hague. The Report is based on the existing case law, reported and unreported, published until July 2019.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125887034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Business and Human Rights Regime Under International Law: Remedy Without Law?","authors":"Ioana Cismas, S. Macrory","doi":"10.1163/9789004340251_013","DOIUrl":"https://doi.org/10.1163/9789004340251_013","url":null,"abstract":"The chapter explores whether there can be an effective remedy absent (hard) law in the field of business and human rights. It examines two international procedures that might present victims of corporate human rights violations with a remedy: the Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises (UNWG) and a proposal for an International Arbitration Tribunal on Business and Human Rights (IAT Proposal). It reflects upon whether those redress procedures predate binding corporate obligations under international human rights law. In so doing, it engages with the conceptual and theoretical underpinnings of the broader debate concerning the status of non-State actors in international law.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132027097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Draft Report of ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration","authors":"S. Brekoulakis, William W. Park, C. Rogers","doi":"10.2139/SSRN.3037668","DOIUrl":"https://doi.org/10.2139/SSRN.3037668","url":null,"abstract":"This draft of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration is now available until 31 October 2017. The Task Force is composed of over fifty members from over twenty different jurisdictions around the world, and includes representation of stakeholders from diverse perspectives, including arbitrators, in-house counsel, State parties, external counsel, representatives with experience at arbitral institutions, academics, and a range of third-party funders and brokers. The Task Force aims generally to improve understanding about third-party funding through multi-lateral dialogue about the issues it raises in international arbitration, and to promote greater consistency in addressing these issues. In approaching these aims, the Task Force generally limited its work to those issues that: (1) directly affect international arbitration proceedings; and, (2) are capable of being addressed at an international level. The current draft was assembled from several separate reports that were initially drafted by various Sub-Committees. Those reports and this Draft also benefitted from discussion at multiple roundtable meetings of the Task Force and comments submitted on the various Sub-Committee reports. The Co-Chairs are enormously grateful for all the hard work and careful deliberation of the Task Force Members in producing this Draft. In terms of the structure of this Draft Report, after Chapter One’s general introduction and overview of the Task Force’s work, Chapter Two provides an overview of the market and mechanics of third-party funding. It begins with an examination of the reasons parties seek funding, and the process funders use to evaluate whether to fund a dispute. It then provides a descriptive overview of the range of means for financing disputes, including both modern case-specific non-recourse funding and a range of other sources that serve similar functions. Chapter Three provides a broad working definition and examines different possible definitions, surveys the range of definitions that have been adopted by various other sources, and concludes by examining how different definitions affect analysis of different issues addressed in subsequent chapters. Each of the three subsequent chapters addresses a specific substantive issue, and begins by articulating Principles for each of the following topics: Disclosure and Conflicts of Interest (Chapter 4), Privilege (Chapter 5), and Costs and Security for Costs (Chapter 6). The body of each of these chapters then delineates the sources and competing viewpoints the Task Force considered in reaching these Principles, as well as the reasons why particular viewpoints were eventually incorporated into the Principles instead of others. Chapter Seven summarizes best practices for funding agreements and Chapter Eight examines policy issues that affect third-party funding in investment arbitration.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127810682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hans Kelsen on Judicial Law-Making by International Courts and Tribunals: A Theory of Global Judicial Imperialism?","authors":"Jochen von Bernstorff","doi":"10.1163/15718034-12341284","DOIUrl":"https://doi.org/10.1163/15718034-12341284","url":null,"abstract":"This paper examines Hans Kelsen's theory of international adjudication and its political implications in the context of Kelsen's post-war calls for compulsory jurisdiction. It defends Kelsen's position on judicial law-making against claims by scholars such as Hardt and Negri that it amounts to a theory of 'judicial imperialism'. The paper, to finish, examines the ramifications of Kelsen's theory of compulsory jurisdiction in times of fragmentation.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127253143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Status of International Law in South Africa's Municipal Law: Government of the Republic of Zimbabwe v Fick and Others (657/11) [2012] Zasca 122","authors":"Moses Retselisitsoe Phooko","doi":"10.2139/SSRN.2639290","DOIUrl":"https://doi.org/10.2139/SSRN.2639290","url":null,"abstract":"The Southern Africa Development Community Tribunal (SADC Tribunal) was formed in terms of article 2 of the Protocol on Tribunal and Rules of Procedure thereof (SADC Protocol on the Tribunal) to ensure adherence to and proper interpretation of the Treaty of the Southern African Development Community (SADC Treaty) and its subsidiary instruments, and to adjudicate disputes referred to it? In terms of the provisions of article 16(5) of the SADC Treaty and article 32(3) of the SADC Protocol on the Tribunal, the decisions of the SADC Tribunal are final and binding to the parties in dispute. The SADC Tribunal has issued various judgments against the Republic of Zimbabwe (Zimbabwe); however, there has been no compliance with its decisions by Zimbabwe. Frustrated by unsuccessful efforts to register and enforce the rulings of the SADC Tribunal before the domestic courts of Zimbabwe, the applicants decided to approach the South African courts in an attempt to register and enforce the decisions of the Tribunal. This article discusses the legal status of international law in South Africa's municipal law in light of the decision of the Supreme Court of Appeal, South Africa (SCA) in the matter between the Government of the Republic of Zimbabwe v Fick and Others.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127074058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Denial of Justice Under NAFTA Article 1105: A Review of 20 Years of Case Law","authors":"P. Dumberry","doi":"10.54648/asab2014025","DOIUrl":"https://doi.org/10.54648/asab2014025","url":null,"abstract":"This article examines one ground of complaint which has been consistently raised by investors in the context of their claims of breach of the fair and equitable treatment standard under NAFTA Article 1105: allegations of denial of justice by the host State and its failure to respect due process. The present article analyses the most salient features of NAFTA Chapter 11 case law regarding these two concepts. Specifically, this article analyses how NAFTA tribunals have interpreted and applied the exhaustion of local remedies rule. It also examines the different 'tests' that have been put forward by them to determine whether or not a denial of justice has been committed. Finally, this article addresses the actual scope and contours of the prohibition against denial of justice and the obligation of due process and the different circumstances under which tribunals have concluded that these standards have been breached.","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130250815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"El recurso extraordinario de nulidad en la Provincia de Buenos Aires (Extraordinary appeal for annulment of judgments in Buenos Aires (Argentina))","authors":"Leandro J. Giannini","doi":"10.2139/SSRN.2458161","DOIUrl":"https://doi.org/10.2139/SSRN.2458161","url":null,"abstract":"Spanish Abstract: Se analizan en este trabajo los principales aspectos tecnicos del recurso extraordinario de nulidad en la Provincia de Buenos Aires.English Abstract: This paper discusses the main technical aspects of the Extraordinary Appeal for Annulment of judgments in Buenos Aires Province (Argentina).","PeriodicalId":329462,"journal":{"name":"LSN: International Adjudication (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134508488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}