“Blessed are the peacemakers.” We value peacemakers. We may even aspire to be among them. But often we have no firm conception of what it means to “make peace.” Does it mean to cause the cessation of conflict, by whatever means? Or does it refer only to non-violent efforts to mediate disputes, or to bring …
The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes. These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them. They provide a framework for the arbitration process and cover …
The Texas Arbitration Act is the governing law over arbitrations occurring in Texas. The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state. While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …
I recently visited the Peace Palace in The Hague. The structure and layout of the building is a testament to its unique purpose. Andrew Carnegie contributed the funds to build the palace under two conditions: that it contain the largest international law library in the world, and that each member country contribute gifts to decorate …
Growing up as a kid and getting in arguments with my sisters, I always found it amazing how different my version of the story was with my sister’s version of the story when we reaccounted the facts to my Mom. My Mom took both our versions and crafted a “judgment” whether that be, apologize, go …
Europe is deeply embroiled in a raging conflict over something quite small and ordinary: a simple piece of cloth that some women chose to wear over their face. The article is about the clash that is occurring as many European countries ban the burqa. In France only a few thousand of the 5 million Muslim …
These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, arbitration has yet to …
When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient.As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, namely managing, or indeed …
In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad. Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by the need to …
The Israeli-Palestinian Conflict is one of the longest running disputes in modern history. It is a very complex issue which can be traced back to ancient times. The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles. However, this paper will focus on the negotiations undertaken by …
