Vanderbilt Journal of Transnational Law

Vanderbilt Journal of transnational Law is a magazine specializing in Law topics.

Articles from Vol. 36, No. 4, October

Choice of Law in Third-Millennium Arbitrations: The Relevance of the UNIDROIT Principles of International Commercial Contracts
TABLE OF CONTENTS I. INTRODUCTION II. ON CHARACTERIZATION III. ON PRELIMINARY QUESTIONS IV. ON CHOICE OF LAW APPLICABLE TO THE MERITS OF THE DISPUTE A. Models of Choice B. The UNIDROIT Principles in Action 1. UNIDROIT Principles...
Globalization of Arbitral Procedure
TABLE OF CONTENTS I. IS ARBITRATION PROCEDURE GLOBALIZED? II. THE EVOLUTION OF THE LEGAL FRAMEWORK: A PARADOX A. National Law at the Place of Arbitration Governs the Proceedings B. Though it Governs, National Law Has Less...
Renegotiation and Adaptation Clauses in Investment Contracts, Revisited
TABLE OF CONTENTS I. INTRODUCTION II. RENEGOTIATION AND ADAPTATION CLAUSES III. THE POTENTIAL DRAWBACKS IV. BENEFITING FROM THE USE OF RENEGOTIATION AND ADAPTATION CLAUSES V. CONCLUSION I. INTRODUCTION Professor Dr. Klaus Berger, in...
Renegotiation and Adaptation of International Investment Contracts: The Role of Contract Drafters and Arbitrators
"Renegotiation should ... be acknowledged as an integral feature of the foreign investment process." (1) TABLE OF CONTENTS I. INTRODUCTION II. CONTRACT WITHOUT RENEGOTIATION CLAUSE A. Force Majeure Clauses and the Hardship Concept...
Taking Stock of NAFTA Chapter 11 in Its Tenth Year: An Interim Sketch of Selected Themes, Issues, and Methods
TABLE OF CONTENTS I. INTRODUCTION II. AN OVERVIEW OF NAFTA'S INVESTOR-STATE ARBITRAL MECHANISM: SOME BROAD THEMES A. Claim Processing Architecture: A Patchwork of Old and New 1. In General 2. Section B: The Basic...
The Culture of Arbitration
TABLE OF CONTENTS I. LEGAL CULTURE AND ARBITRATION II. WHOSE CULTURE? III. EXPLAINING ARBITRATION CULTURE IV. CONCLUSION The relationship between "legal culture" and the practice of international arbitration has received increasing attention...
The Exercise of Contract Freedom in the Making of Arbitration Agreements
TABLE OF CONTENTS I. INTRODUCTION: CONTRACT'S EMPIRE IN ARBITRATION II. THE EFFECT AND DEVELOPMENT OF ARBITRATION AGREEMENTS III. THE QUESTIONS PRESENTED IV. THE CONTENT OF "MODERN" ARBITRATION AGREEMENTS. A. The Recourse to...
The Problem with Arbitration Agreements
Arbitration procedures today have become highly standardized. Institutions such as the International Chamber of Commerce (ICC), (1) the London Court of International Arbitration (LCIA), (2) and the American Arbitration Association Center for International...
The Specificity of International Arbitration: The Case for FAA Reform
TABLE OF CONTENTS I. INTRODUCTION II. THE ARCHITECTURE OF AMERICAN ARBITRATION LAW A. Scope of the Federal Arbitration Act B. The Need for a New Statute C. Manifest Disregard of the Law 1. The Wilko Dictum ...
Who Decides the Arbitrators' Jurisdiction? Separability and Competence-Competence in Transnational Perspective
TABLE OF CONTENTS I. INTRODUCTION II. THE "WHO DECIDES?" QUESTION AT DIFFERENT STAGES OF THE COURT-ARBITRATION PROCESS III. DEFENDING PRIMA PAINT AND SEPARABILITY A. Prima Paint and Ordinary Contract Interpretation ...