LGST 219 - Class 6 Notes

LGST 219 - Class 6 Notes - Lecture 6, Sept 26 Arbitration...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Lecture 6, Sept 26 Arbitration in Switzerland. Law of situs (?)/ law of the place of arbitration -Procedure UNCITRAL rules -Substance law of Ecuador Ex aqeuo et bono using own sense of right to decide if the case is just and good -Makes arbitral position subject to challenge! -Very vague and flimsy -Should make reference to a specific law Ad hoc arbitration arbitration you set up on a one-time deal. No need for external bodies like ICC or ICSID or merchant association - Problem is that there are greater problems of enforcement - Established institutions have better enforcement mechanisms (courts like it) **With exception of ICSID, arbitrations rely on courts to enforce awards. Pre-award attachment of assets -immobilize assets during process of arbitration -so people cant squirrel it away if they think they are going to lose the arbitration Carbonneau’s article Judicial laissez faire -?????? Why custom arbitrations? -the more specific you are, the less surprises -to your advantage -however, the more complicated you make it, the more there would be problems to interpret and implement the rules Why institutional rather than ad hoc arbitration ? - ad hoc largely depends on cooperation and goodwill of parties - institutional, u are relying on arbitral institutions - institutional is also easer to enforce. He favors ICC arbitration o high prestige o great influence o proven experience What is the significance of the emerging position that all arbitrators should be impartial? -cancel each other out if they are not impartial -what is important is the third party Bechtel v. Bolivia in ICSID -privatization of drinking water supply in Bolivia under secret negotiations
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
-Bechtel’s charges unaffordable -Leads to serious rioting -Bolivia is the poorest country in latin America -Petitioners want the proceedings to be open to the public -Problem because ICSID allows arbitrations to be confidential and does not allow public interest groups to interfere - Amicus : outsiders with expert knowledge can submit amicus briefs -Bechtel dropped arbitral claim because of bad publicity
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/11/2012 for the course LGST 219 taught by Professor Anne.mayer during the Fall '11 term at UPenn.

Page1 / 5

LGST 219 - Class 6 Notes - Lecture 6, Sept 26 Arbitration...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online