CLIP Principles ...................................................488 3. Japan: The Transparency Proposal .....................495 III. Law Governing the Arbitration...................................... 497 A. Law Governing the Arbitration in the Absence of a Choice of Law ................................................... 498 B. Limits on the Parties’ Freedom of Choice ................ 500 IV. Conclusion ..................................................................... 501
The Impact of Public Policy Considerations Richard Kreindler, Jean-Yves Garaud I. Introduction.................................................................... 505 II. Meaning and Function of Public Policy in International Arbitration ................................................ 507 A. The Function of Public Policy in International Arbitration Generally................................................ 511 B. The Impact of Public Policy Considerations in IP Disputes................................................................ 512 III. Public Policy Limitations in International Arbitration and Their Particular Relevance to Intellectual Property Disputes ......................................................................... 515 A. Public Policy Limitations to Arbitration as Means of Dispute Settlement ............................................... 515 1. Arbitrability of the Subject Matter as an Expression of Public Policy Considerations .......515 2. Nullity of the Arbitration Agreement as a Possible Result of Public Policy Violations ........522 B. Public Policy Limitations to the Applicable Substantive and Procedural Law .............................. 523 1. Mandatory Laws as Public Policy Limitations to the Parties’ Choice of Applicable Substantive Law ..................................................523 2. Procedural Public Policy as Limitation to the Conduct of the Arbitral Proceedings ..................528 C. Public Policy Limitations to the Existence and Enforcement of the Arbitral Award .......................... 529
Cary Gagan v. Henry Solano, in His Individual and Official Capacity as United States Attorney for the District of Colorado James Allison, in His Individual and Official Capacity as Assistant United States Attorney for the District of Colorado United States Attorney for the District of Colorado Joseph Johnson, in His Individual and Official Capacity as Special Agent in Charge of the Federal Bureau of Investigation for the District of Colorado Mark Holtslaw, in His Individual Capacity as a Special Agent for the Federal Bureau of Investigation for the District of Colorado Tina Rowe, in Her Individual and Official Capacity as the United States Marshal for the District of Colorado David Floyd, in His Individual Capacity as a Deputy United States Marshal for the District of Colorado Larry Hominick, in His Individual Capacity as Deputy United States Marshal for the District of Colorado Jake Warner, in His Individual Capacity as a Deputy United States Marshal for the District of Colorado James