| 1. |
- Chevalier, Maxime
(författare)
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From Smart Contract Litigation to Blockchain Arbitration, a New Decentralized Approach Leading Towards the Blockchain Arbitral Order
- 2021
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Ingår i: Journal of International Dispute Settlement. - : Oxford University Press (OUP). - 2040-3585 .- 2040-3593. ; 12:4, s. 558-584
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Tidskriftsartikel (refereegranskat)abstract
- Blockchain dispute resolution has led the crypto economy to the surge of a new form of dispute resolution: blockchain arbitration. Resolving disputes on- chain is becoming necessary as national and international legal frameworks are not adapted to the characteristics of blockchain transactions. More importantly, the legality of smart contracts is highly debated under various national laws. This new sui generis form of arbitration should not be assimilated with traditional arbitration. Indeed, blockchain arbitration might not fit within the traditional international arbitration framework, and it does not have to. Because blockchain arbitration operates as an oracle, the decision from the jurors automatically triggers or modifies the smart contract. Through the blockchain technology, arbitration has reached the possibility to automatically enforce arbitral awards with no need to rely on state courts' authority. Observing the legal theories of international arbitration, blockchain arbitration enshrines the representation of delocalized arbitration, but simultaneously leaves room for a new representation of arbitration: decentralized arbitration. In the next decades, we will see the surge of the blockchain arbitral order, an independent legal order anchored in the Lex Cryptographia. This essay advocates for the recognition of the blockchain arbitral legal order and tries to draw its contours.
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| 2. |
- Chevalier, Maxime
(författare)
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International sanctions enacted against Russia as overriding mandatory rules - on which foot should international arbitrators stand?
- 2023
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Ingår i: Journal of International Dispute Settlement. - 2040-3585 .- 2040-3593. ; 15:1, s. 144-171
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Tidskriftsartikel (refereegranskat)abstract
- Over the last decades, the role of international arbitrators has evolved from dealing with purely private interests to promoting the rule of law worldwide and safeguarding the interests of the international community. Following the armed conflict in Ukraine, a plurality of States has enacted international sanctions against Russia, which are currently impacting the performance of many international contracts. This article analyses the enforcement of international sanctions by international arbitrators as a matter of overriding mandatory public policy rules. This article also draws a new perspective on the subject, by analysing it from two different yet complementary approaches. First, because national courts have supervisory powers at the post-award stage, the reasoning of international arbitrators may depend on whether such international sanctions are regarded as public policy rules within relevant national legal orders. Secondly, because international arbitral tribunals have no forum, their decision regarding the enforcement of international sanctions will depend on the existing legal theories of international arbitration. After comparing the different results under the territorial, multilocal, and transnational approaches, the author advocates for the enforcement of international sanctions against Russia as part of transnational public policy rules.
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| 3. |
- Larsson, Olof, 1983, et al.
(författare)
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Selection and Appointment in International Adjudication: Insights from Political Science
- 2023
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Ingår i: Journal of International Dispute Settlement. - : Oxford University Press (OUP). - 2040-3593 .- 2040-3585. ; 14:2
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Tidskriftsartikel (refereegranskat)abstract
- This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article considers different institutional design features related to appointment procedures: representation, reappointment, screening procedures and procedures for removing judges. Representation is discussed in a series of sections considering full or selective representation, voting rules and geographic and gender quotas and aspirational targets. Throughout, we draw on data on 24 ICs to illustrate the different appointment procedures and institutional features.
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| 4. |
- Linderfalk, Ulf
(författare)
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Treaty abuse : Why criticism of the doctrine is unfounded
- 2018
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Ingår i: Journal of International Dispute Settlement. - : Oxford University Press (OUP). - 2040-3585 .- 2040-3593. ; 9:2, s. 254-290
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Tidskriftsartikel (refereegranskat)abstract
- Although treaty abuse is an increasingly occurring element in international legal arguments, especially in the sphere of international economic law, the concept is still viewed by many lawyers as suspicious, for several reasons. First, lawyers have doubts about the legal status of the treaty abuse doctrine. Second, as many lawyers would seem to believe, the concept of treaty abuse is imprecise-it is the expression of some loose or unsettled idea about the function of international law that cannot be explained in a clear and coherent manner. Third, lawyers fear that by accepting the validity of a treaty abuse argument, a court or tribunal will import elements into a treaty that were not there originally, and by so doing, will encroach upon the sovereign right of the parties to define between themselves the precise terms of application of their treaty.
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