Tag: Articles

The Impact of West Tankers on Parties’ Choice of a Seat of Arbitration

Daniel Rainer

In Allianz SpA v. West Tankers Inc., the European Court of Justice (ECJ) deemed antisuit injunctions, a tool that English courts commonly employ to enforce arbitration agreements, incompatible with EU law.  As a result, English courts can no longer issue an antisuit injunction preventing a party—who is either ignoring or contesting… Read More »

Ending the Endogeneity of Earmark Rules

Rebecca Kysar - Brooklyn Law School

For centuries, livestock owners have marked their animals by clipping their ears.  Paradoxically, the term we give to special interest provisions—”earmarks”—conflicts with its origins in this agrarian practice.  Far from revealing ownership, earmarks actually conceal their supporters and beneficiaries.  Undetected, these provisions are less costly because they face less opposition… Read More »