AALS Annual Meeting, Washington, D.C.    January 2-5, 2003
Saturday Schedule

Program


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Saturday, January 4, 2003

4:00-5:45 p.m.
Joint Program of Sections on Alternative Dispute Resolution and International Law

  • James R. Coben, Hamline University, and Chair, Section on Alternative Dispute Resolution
  • Malvina Halberstam, Yeshiva University, and Chair, Section on International Law
Delaware Suite B
Marriott Wardman Park Hotel
Lobby Level

Hot Issues in International Arbitration

Moderator:
Thomas E. Carbonneau, Tulane University

Speakers:

  • Charles Hendrickson Brower, II, University of Mississippi
  • Cindy Galway Buys, Southern Illinois University
  • Bruce R. Hirsh, Deputy Assistant U.S. Trade Representative for Monitoring and Enforcement, Office of the United States Trade Representative, Washington, D.C.
Whether we arbitrate domestically or use international dispute settlement mechanisms, and whether the parties are private individuals or nation states, we are concerned about the integrity of the process. Do the parties who are most involved in and affected by the result have access to the process? Do the parties have confidence in the arbitrators? Is the process effective?

Present and former practitioners and scholars will discuss various dispute resolution mechanisms used to resolve international trade and investment disputes. Some of the processes involve private parties and governments, such as investment disputes under ICSID or Iran-Claims Tribunal. Others are limited to government-to-government disputes, such as at the WTO. Yet everywhere, outside interested parties are finding ways to participate, such as through filing amicus briefs.

Regardless of the private or public nature of the disputes, however, all of these processes share certain common concerns. The audience will be involved with the panel in discussing resolutions to the issues of access to the process (legal ability to participate under rules, costs, technical expertise), transparency, impartiality of arbitrators, ethical standards for arbitrators, and effective implementation of the arbitral decision.

Business Meeting of Section on Alternative Dispute Resolution at Program Conclusion

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