1,006 research outputs found
The legitimacy and ethics of international commercial court judges
No full textThis Chapter addresses the unique role and ethics of judges in international courts. The book in which it appears offers a comprehensive analysis of the role, importance and place of international commercial courts in the field of international adjudication from a comparative perspective. In a time where scholarly and academic debates revolve around the issues of the role of law in the post-globalization era, the new international commercial courts seem to be in the position to bridge concerns regarding diminished sovereignty, on the one hand, and the necessity of globalizing dispute resolution, on the other. International commercial courts thus present themselves as the paradigm for the future of adjudication
The foundations of International economic order in the age of state capitalism
No full textThe present chapter is premised on the assumption that the promotion of liberal market values is an important objective of the international economic order, but that so too is (and will be) the preservation of institutional diversity and the capacity for institutional innovation, against which it has always to be balanced. A number of different international rules may apply to state enterprises. After situating state enterprises in the contemporary international legal system looking particularly at economic relations among states, this chapter will focus on the main challenges to regulation that government influence on state enterprises’ activities poses to the two areas of international trade law and international investment law in light of their foundational principles and common subtext
Factors affecting trust and communication in global virtual teams
No full textAuthor Georgios GousiasMasterarbeit Universität Linz 2022Arbeit auf den öffentlichen PCs in den Bibliotheken der JKU+Medizin abrufba
Factors affecting trust and communication in global virtual teams
No full textAuthor Georgios GousiasMasterarbeit Universität Linz 2022Arbeit auf den öffentlichen PCs in den Bibliotheken der JKU+Medizin abrufba
Hybridity in International Adjudication:How International are International Commercial Courts?
No full textHow international are international commercial courts (ICommCs)? Among lawyers, the notion of international courts (ICs) comes with a strong public international law connotation. This Chapter traces examples of hybridity in international adjudication, focusing particularly on the admixing of domestic and international judicial forms, practices, and legal cultures. More specifically, we focus on three core forms of hybridity in relation to ICs and ICommCs: professional, institutional, and legal. After surveying a number of past and current ICs, we argue that hybridity is not a phenomenon only found in domestic international courts, but also a feature of many ‘proper’ ICs. We find that all three forms of hybridity are found at both ICs and ICommCs, which suggests that these – at first glance distinct forms of transnational adjudication – are in fact converging on a number of levels
Constructing the Independence of International Investment Arbitrators: Past, Present and Future
No full textDisqualification challenges against international investment arbitrators are increasing. This poses a great challenge for the legitimacy of the international investment regime. The aim of the Article is to trace the source of this development and to propose ways for the future structuring of an international investment regime that is both transparent and effective. Legal literature understands arbitrator independence as a standard imposed by legal rules. This does not capture the reality of international investment arbitration, especially in the framework of the ICSID Convention, which seems to set a lower standard of independence for ICSID arbitrators.
This Article presents the latest trends in the challenge process based on an empirical study of the most recent ICSID tribunal decisions. The thesis of the Article is that arbitral independence in international investment arbitration is the result of a “process of communication” among different actors and prompted by the arbitration community itself. Arbitral independence is only partially a result of legal rules. It is also a consequence of the creation of a tightly connected community of international arbitrators that has been established over the years of arbitral practice and which has transposed their ethos and professional practices onto investment arbitration. This community has constructed a very high standard of independence for international investment arbitration, which is now set in motion by other actors involved in the field. The Article proposes finally the introduction of a new system of control in international investment arbitration that can address the peculiarities of the constructed process of the creation
of investor-state arbitration: certification
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