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xiii | |
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Table of Treaties, Legislation, and Related Instruments |
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xxxvii | |
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xliii | |
Practising Virtue: An Introduction |
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1 | (16) |
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Epaminontas E Triantafilou |
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I International Arbitration As Part Of The Transnational Justice System |
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1 The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions |
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17 | (28) |
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2 The Changing World of International Arbitration |
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45 | (7) |
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3 International Commercial Arbitration and Investment Treaty Arbitration: Analogies and Differences |
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52 | (17) |
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4 International Jurisprudence, Global Governance, and Global Administrative Law |
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69 | (28) |
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5 The Culture of Arbitration and the Defence of Arbitral Legitimacy |
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97 | (9) |
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6 Conceptions of Legitimacy of International Arbitration |
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106 | (21) |
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II History And Sociology Of International Arbitration |
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7 The Historical Keystone to International Arbitration: The Party-Appointed Arbitrator---From Miami to Geneva |
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127 | (23) |
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8 `Black's Bank' and the Settlement of Investment Disputes |
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150 | (8) |
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9 Judge Sir Hersch Lauterpacht's Report on the Revision of the Statute of the International Court of Justice |
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158 | (9) |
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10 Jurisdictional Errors: A Critique of the North American Dredging Company Case |
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167 | (20) |
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11 Sociology of International Arbitration |
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187 | (17) |
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12 From Law Professor to International Adjudicator: The WTO Appellate Body and ICSID Arbitration Compared, a Personal Account |
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204 | (11) |
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13 The Advocate in the Transnational Justice System |
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215 | (12) |
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III Authority Of International Arbitral Tribunals And Its Limits |
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14 Pre-Arbitration Procedural Requirements: `A Dismal Swamp' |
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227 | (37) |
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15 At What Time Must Jurisdiction Exist? |
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264 | (16) |
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16 Local Remedies in International Treaties: A Stocktaking |
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280 | (12) |
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17 Investor-State Tribunals and National Courts: A Harmony of Spheres? |
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292 | (16) |
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18 Should International Commercial Arbitrators Declare a Law Unconstitutional? |
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308 | (10) |
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19 The Enforceability of Legislative Stabilization Clauses |
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318 | (12) |
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20 Non-Payment of Advances on Costs: No Pay, Can Play? |
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330 | (17) |
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21 Document Production and Legal Privilege in International Commercial Arbitration |
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347 | (10) |
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22 Fair and Equitable Treatment of Witnesses in International Arbitration-Some Emerging Principles |
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357 | (22) |
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IV Reasoning And Decision-Making In The Arbitral Process |
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23 Regulating Opacity: Shaping How Tribunals Think |
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379 | (19) |
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24 The Development of Legal Argument in Arbitration: Law as an Afterthought--Is It Time to Recalibrate Our Approach? |
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398 | (9) |
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25 Babel and BITs: Divergence Analysis and Authentication in the Unusual Decision of Kilic v Turkmenistan |
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407 | (18) |
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26 Reporting from the Arbitral Shop-Floor: Treaty Interpretation in Practice |
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425 | (9) |
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27 Judge Brower and the Vienna Convention Rules of Treaty Interpretation |
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434 | (15) |
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28 Contemporaneity and Its Limits in Treaty Interpretation |
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449 | (37) |
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Epaminontas E Triantafilou |
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29 Deliberations of Arbitrators |
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486 | (18) |
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30 Charles Brower's Problem with 100%---Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration |
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504 | (10) |
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31 How to Draft Enforceable Awards under the Model Law |
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514 | (29) |
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V Studies In Investment Treaty Arbitration |
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32 The Deal with BITs: What the Parties Thought They Would Get, What They Thought They Were Giving Up to Get It, and What They Got |
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543 | (13) |
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33 Reflections on `Most Favoured Nation' Clauses in Bilateral Investment Treaties |
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556 | (9) |
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34 The Non-Disputing State Party in Investment Arbitration: An Interested Player or the Third Man Out? |
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565 | (19) |
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35 Time in International Law and Arbitration: The Chess Clock No Longer Works |
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584 | (12) |
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36 Challenges to Arbitrators in ICSID Arbitration |
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596 | (11) |
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37 `Pure' Issue Conflicts in Investment Treaty Arbitration |
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607 | (19) |
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38 Compensation Due in the Event of an Unlawful Expropriation: The `Simple Scheme' Presented by Chorzow Factory and Its Relevance to Investment Treaty Disputes |
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626 | (16) |
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39 Future Damages in Investment Arbitration---a Tribunal with a Crystal Ball? |
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642 | (16) |
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40 Allocation of Costs in Recent ICSID Awards |
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658 | (31) |
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41 The Two Annulment Decisions in Amco Asia and `Non-Application' of Applicable Law by ICSID Tribunals |
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689 | (17) |
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42 Of Wit, Wisdom, and Balance in International Law: Reflections on the Tokyo Resolution of the Institut de Droit International |
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706 | (17) |
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Index |
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723 | |