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LGST 219 - Class 6 Notes

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

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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
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-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
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  • Fall '11
  • AnnE.Mayer
  • Arbitration, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ICSID, ny convention

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

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