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Addressing Corruption Allegations in International Arbitration
In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.
Guantanamo and the Abuse of Presidential Power
Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.
Performance
Organizational Performance: Core Concepts -- Conceptions of Performance -- Thinking Differently.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Social License and Dispute Resolution in the Extractive Industries
Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries. With its combined academic and practical perspective, the book focuses on mining disputes and addresses a broad array of issues, such as third party funding, grievance and redress, as well as the protection of human rights and the environment. In addition, it is the first work in the market that discusses the proposed rules of the world's first and only Global Natural Resources Dispute Resolution Center (GNDC).
Yearbook Commercial Arbitration, Volume XLIX (2024)
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community. With arbitral awards being published in the newly founded ICCA Awards Series as of 2023, the Yearbook now focuses on court decisions that either apply the principal arbitration conventions or are of general interest to the practice of international arbitration and comes with the addition of new indexes to facilitate research. Volume XLIX (2024), in a combination of print volume and online repository, includes: excerpts of sixty-seven decisions applying the 1958 New York Convention from 27 countries indexed by Convention topics excerpts from t...
Twilight Issues in International Arbitration
There are many issues of arbitral practice that remain largely unaddressed, or very poorly addressed, in the sources to which tribunals and counsel conventionally turn for procedural guidance: the arbitration agreement, the lex arbitri and rules of procedure. This book brings together the most frequently recurring of such “twilight” issues—so-called because all participants in the arbitral process, when facing them, find themselves “in the dark”—showing in each case where it is best for arbitrators, counsel, and parties to look for solutions offering logic, certainty and predictability. The issues ably covered by the author include, among others, the following: Is a non-signatory...
The Psychology of Prejudice
This volume consists of expanded and updated versions of papers presented at the Seventh Ontario Symposium on Personality and Social Psychology. The series is designed to bring together scholars from across North America who work in the same substantive area, with the goals of identifying common concerns and integrating research findings. The topic of this symposium was the psychology of prejudice and the presentations covered a wide variety of issues. The papers present state-of-the-art research programs addressing prejudice from the point of view of both the bigoted person as well as the victim of bigotry. The chapter authors confront this issue from two major -- and previously separate --...
International Dispute Resolution and the Public Policy Exception
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has...
