Blog Posts: International Dispute Resolution

Ruling on Philippines' arbitration claim against China may be a milestone

The UN Permanent Court of Arbitration decided on October 29th to hear The Philippines’ case against China regarding alleged violations of the UN Convention of the Law of the Sea in the Spratly Islands. The case will mark the first use of UNCLOS's dispute-resolution provisions in the South China Sea. Will it be a first step toward China's acceptance of arbitration to enforce international law?
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No Comments | Posted by Jason M. Frocht on Thu. December 17, 2015 1:33 AM
Categories: China, International Dispute Resolution, Natural resources, Philippines, Territorial disputes

EU proposal for TTIP trade deal: a new model for dispute resolution?

The European Commission's draft proposal aims to improve a system that is sometimes seen as allowing multinational corporations to evade regulations in the countries where they invest.


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1 Comment | Posted by Nicholas S. Millington on Fri. October 2, 2015 12:12 AM
Categories: Conflict of Laws, Direct foreign investment, European Union, Free Trade, International Dispute Resolution, United States

Ronald Brand on the Importance of Judgement Recognition Among Nations

Professor Ronald Brand spoke on the importance of judgment recognition among nations at The North Carolina Journal of International Law and Commercial Regulation Symposium on Friday, January 30, 2015. His lecture, titled “Understanding Judgments Recognition,” highlighted the significant developments in this area over the past fifteen years in the European Union (EU), the United States, and on a global front.


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Posted by Jessica L. Watts on Fri. February 6, 2015 8:16 AM
Categories: Conflict of Laws, International Dispute Resolution, Symposium

Sneak Preview: The Influence of Politics at the ICTY

The recent acquittals of Ante Gotovina and Ramush Haradinaj at the International Criminal Tribunal for the Former Yugoslavia (ICTY) have once again raised questions about the nature of the ICTY’s trials: Are they predominantly legal or political? 


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No Comments | Posted by Stephen A. Moore on Tue. October 29, 2013 8:00 AM
Categories: Genocide, International Dispute Resolution, Yugoslavia

Peter Rutledge: The Complexities of Intellectual Property in International Business

Peter “Bo” Rutledge discussed arbitration's advantages over a system of compulsory licences in the context of a private investor-state relationship.


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No Comments | Posted by Melody B. Rowell on Thu. March 1, 2012 11:34 AM
Categories: Intellectual property, International Dispute Resolution

Is Compulsory Mediation a Violation of the Right Guaranteed by Article 6 of the European Convention?

Professor Jacqueline Nolan-Haley offered a cautious endorsement of the E.U. directive requiring all member states to implement mediation programs. I agree with her assertion that mandating mediation will strip the process of its voluntary nature and amicability but was disappointed that she did not take a clearer position on whether this mandated mediation violates Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.


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No Comments | Posted by Rachel F. Braden on Mon. February 27, 2012 9:21 AM
Categories: International Dispute Resolution, Symposium

International Class Arbitration - Flourishing or Floundering?

In her discussion of her forthcoming paper “Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared,” Professor S.I. Strong explained that despite setbacks to class arbitration in two recent Supreme Court cases, class arbitration is not dead in the United States. Rather, Strong suggests, forthcoming cases will likely test the applicatory boundaries and narrowly construe previously announced limitations on class arbitration.


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No Comments | Posted by Kevin G. Schroeder on Mon. February 27, 2012 9:01 AM
Categories: International Dispute Resolution, Symposium

ICANN and Domain Name Dispute Resolution

Professor Kesan returned to the topic of ICANN's domain name dispute resolution process, UDRP. In the process, he addressed a very interesting correlation between various countries' levels of economic development and the dispute resolution systems they adopt. 


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No Comments | Posted by Elliot L. Franklin on Sun. February 26, 2012 12:09 PM
Categories: Cyberlaw, Intellectual property, International Dispute Resolution, Symposium, Trademarks

Modernizing the New York Convention

Professor Robert Bird discussed the unclear future of arbitration awards after a primary jurisdiction of injury vacates the award and refuses its enforcement. The Washington D.C. Circuit Court refused to enforce the arbitration award in Termorio due to fundamental and policy considerations. In contrast, the court in Chromalloy enforced the arbitration award in the enforcing jurisdiction. Neither of these cases is widely accepted, leaving a wide ambiguity on this topic. There remains a strong need for a coherent rule of law so that a party does not choose a jurisdiction based on its enforcement law. For example, French law gives no deference to the first jurisdiction that set the arbitration award aside. This causes vast unpredictability and defeats the purpose of arbitration: clear recovery in the event of party conflict.


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No Comments | Posted by Patricia I. Fernandez on Sun. February 26, 2012 12:04 PM
Categories: International Dispute Resolution, Symposium

Response to Professor Christoph Henkel

For the panel discussion “Disputes Arising from Arbitration Agreements,” Professor Christoph Henkel addressed the problem of confidentiality in international commercial arbitration, gave illustrations of how international jurisdictions approach confidentiality differently, and offered a solution for the international community’s uncertainty towards confidentiality. Henkel’s recommendations did not, however, address the practical limitations of relying solely on protective drafting. This solution inevitably results in increased transactional costs, and creates further uncertainty. Furthermore, drafting for confidentiality itself could hinder potential litigation.


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No Comments | Posted by Rebecca Y. Yang on Sun. February 26, 2012 12:00 PM
Categories: International Dispute Resolution, Symposium
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