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In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving … parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and …-led negotiations remain the most common form of out-of-court resolution, however, family arbitration's impact may not be numerically …
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This book chapter analyses the so-called ‘Argentinian crisis arbitrations’, which are investment arbitration … Argentina cases constituted the largest wave of investment arbitration claims directed against a single country with over 40 …: the first mass claim(s) in investment arbitration following Argentina’s default in sovereign debt and the subsequent …
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This comment on Alan Sykes Article "Economic 'Necessity' in International Law" on AJIL UNBOUND discusses the application of necessity clauses from an economic perspective especially in light of the incentives of investors, who are the third party beneficiaries of the investment treaty/contract....
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The chapter deals with international investment agreements and financial crises. Arbitral proceedings have highlighted the complex and sometimes problematic tension between necessary state measures to address crisis situations and obligations entered into vis-à-vis foreign investors mainly in...
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