Karl Bayer's Disputing Blog » International Law

Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act

By Victoria VanBuren - October 10, 2012

Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern

Article | Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration

By Victoria VanBuren - January 31, 2012

Our blog contributor professor S.I.Strong has just published the article “Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration.” The piece compares the benefits of large-scale litigation and large-scale arbitration in the cross-border context, and considers whether there is a role that the Permanent Court of Arbitration can play in resolving mass disputes of this type. Here is the abstrac

GUEST-POST PART I | No Mass Arbitration in ICSID Cases – The Abaclat Dissent

By Victoria VanBuren - December 9, 2011

By S.I. Strong On October 28, 2011, a dissenting opinion regarding the preliminary decision on jurisdiction and admissibility was issued in the ground-breaking case of Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5 (available here ). The majority award was issued on August 4, 2011 (available here ) and was discussed on this blog here. The majority decision was remarkable in that it constituted the first time that an arb

GUEST-POST PART I: ICSID Accepts First-Ever Class-Type Arbitration

By Victoria VanBuren - August 29, 2011

By S.I. Strong On August 4, 2011, a preliminary award on jurisdiction was rendered in Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5. The nearly 300-page award, which is available here, addresses a number of concerns, such as whether the dispute falls within the scope of the relevant bilateral investment treaty (BIT) and whether the claims are contractual or treaty-based. Many of these issues are not themselves unique,

Michigan Journal of International Law Article on Class Action Arbitration

By Victoria VanBuren - September 23, 2009

Professor S.I. Strong, Senior Fellow at the University of Missouri’s Center for the Study of Dispute Resolution wrote an excellent article about the international implications of class arbitration. The article is entitled “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” and appears at 30 Michigan Journal of Inte