It is nowadays widely recognized that constitutive rules play a key role in social ontology. Their definitional character is the primary source of the meaning of every rule-based activity, but what can ensure the persistence of this activity? The most common reply found in literature is to rely on social acceptance; even though this is certainly true, it is nonetheless not sufficient to explain...

Reiterated since the 1960s by consecutive yet ideologically different federal administrations, Brazilian resistance to international investor-State dispute resolution has been taken for granted in many arbitral circles, especially due a perception that Latin American country adhered Calvo and Drago Doctrines. This paper questions those assumptions as it analyzes neglected awards issued 1916 191...

Abstract During the American Civil War, Britain sold ships to Southern Confederacy in breach of neutrality obligations, triggering a dispute with United States carrying threats armed conflict. Some politicians saw as an opportunity annex Canada, then weak assemblage British colonies. Ultimately, arbitration Geneva averted war, opening era long Anglo-American cooperation. The historical conseque...

International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite investors. It consist of three parts, all which can be resolved separately. These are jurisdiction, merits damages. Consequently, it possible tribunal to render one, two or even arbitral awards, depending on the decision bifurca...

The article examines the current state of legislative regulation issues concluding an arbitration agreement. Scientific approaches to concept agreement are analyzed, a comparative analysis definition this in international documents, particular, UNCITRAL Model Law on International Commercial Arbitration and New York Convention Recognition Enforcement Foreign Arbitral Awards 1958, as well consoli...

Dissents are useful in giving additional dimension to the issues involved a case. In arbitration, especially, dissenting opinion has effect of: encouraging majority do more careful analysis its reasoning; and promoting parties’ confidence arbitral process. More importantly, may also help providing future tribunals researchers alternative perspectives that affect reasoning of former or be used b...