Pauline Toboulidis | August 12, 2021 | International Commercial and Investor-State Arbitration
An arbitration column by authors Samuel Estreicher, Rex Heinke and Jessica Weisel delves into Servotronics v. Rolls-Royce PLC, a case scheduled to appear before the Supreme Court of the United States in the October Term. Servotronics “asks the court to resolve a...
Andrea Kang Wooster | August 4, 2021 | International Commercial and Investor-State Arbitration
Disputes arising under international commercial contracts that contain arbitration agreements implicate at least three different systems of law, including the law governing the substance of the dispute, the law governing the agreement to arbitrate, and the law...
Julian Arato | August 2, 2021 | International Commercial and Investor-State Arbitration
Below is the abstract for “Two Moralities of Consistency,” available for download on SSRN. A core tenet of the claim that international investment law promotes the rule of law is that it enhances legal certainty for foreign investors. The idea is that investment...
Christopher R. Drahozal | July 27, 2021 | International Commercial and Investor-State Arbitration
Below is the abstract for “Arbitration and Rule Production,” available for download on SSRN. Arbitration has been criticized as displacing cases from the public courts and thereby reducing the production of court precedent (the “displacement hypothesis”). Moreover,...
Alan Scott Rau | July 23, 2021 | International Commercial and Investor-State Arbitration
Below is the abstract for “Outokumpu and the Rights of ‘Non-Signatories’,” available for download on SSRN. The fraught question of the rights and liabilities of “non-signatories” in arbitration continues to exercise courts and...
Pauline Toboulidis | April 26, 2021 | International Commercial and Investor-State Arbitration
In Enka Insaat Ve Sanayi A.S. v. OOO Insurance Company Chubb, the Supreme Court of the United Kingdom held that where parties have not made a choice of law to govern the arbitration agreement, either specifically in the arbitration clause or in the contract generally,...
