The Institute in the Courts: U.K. Supreme Court Cites Restatement of the U.S. Law of International Commercial and Investor–State Arbitration
Disputes arising under international commercial contracts that contain arbitration agreements implicate different systems of law, including the law governing the substance of the dispute, the law governing the agreement to arbitrate, and the law governing the arbitration process, or the “curial law.” In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb the Supreme Court of the United Kingdom addressed an issue that “has long divided courts and commentators,” both in the United Kingdom and internationally.
The ALI and the Pandemic
This Director’s Letter was originally published in the summer 2021 edition of The ALI Reporter.
Two Moralities of Consistency
A core tenet of the claim that international investment law promotes the rule of law is that it enhances legal certainty for foreign investors. This Chapter seeks to distinguish between tolerable consistency deficiencies in investment treaty arbitration and more structural inconsistencies that are inimical to the rule of law.
Foreign Relations Law Restatements Cited
Both the Third and Fourth Restatement of the Law, The Foreign Relations Law of the United States, were cited by the United States Court of Appeals, District of Columbia Circuit in Lusik Usoyan v. Republic of Turkey.
Children as Bargaining Chips
This Article focuses on the question of how the law should distinguish between the state’s exercise of its custodial powers for permissible grounds, such as to protect the child, and its exercise of custodial powers for impermissible grounds, such as to induce the parent to give up another right.
Arbitration and Rule Production
Arbitration has been criticized as displacing cases from the public courts and thereby reducing the production of court precedent. Moreover, while arbitral awards might substitute for court precedent, the standard view is that arbitrators have little incentive to issue awards that produce legal rules because such awards mostly benefit parties to future disputes. This Article critically examines both the hypotheses, filling in gaps in existing legal literature and also offering new theoretical and empirical insights for a comprehensive account of arbitration and rule production.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.