Systems of Control in International Adjudication and Arbitration: Breakdown and Repair
In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down.
Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others.
Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.
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Table of Cases
alleged Amco's annulment appear application Arbitral Awards arbitral tribunal Article 52 authority Cameroon choice of law claim commitment committee's competence constitute context contract control function control mechanism control system Corfu Court of Justice decide decision dispute resolution effect established exces de pouvoir foreign grounds hoc committee ICSID arbitration ICSID control ICSID Convention ICSID review Indonesia institutions Int'l international arbitration international commercial arbitration International Court international law interpretation investment issue judgment Klockner legal system lex mercatoria material violation matter ment Michael Reisman national courts Nicaragua nullification obligations operation option original award P.T. Amco parties Permanent Court phase primary jurisdiction procedure provides question reasons recognition and enforcement Reisman rendered res judicata revocation role rule secondary jurisdictions stare decisis Statute submitted subsequent tribunal substantive Supp supra note Switzerland T]he technical discrepancy tion tional tribunal's U.N. Doc UNCITRAL United Nations World Bank York Convention
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Limited preview - 2004