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Enforcement Issues in International Arbitration Yukos Case
 
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Panel 3 of the Contemporary Issues & Emerging Trends in International Arbitration event from March 27, 2017 at Penn Law
Views: 2468 Penn Law
International Arbitration: Abyei Area (Sudan v. SPLM/A) - Oral Proceedings (Gary Born)
 
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WilmerHale's international arbitration group represented the Sudan People's Liberation Movement/Army (SPLM/A) in unprecedented oral hearings in the Hague's Peace Palace from April 18-23, 2009. Gary Born and a team of the firm's associates, together with the Public International Law and Policy Group, represent the SPLM/A in an international arbitration against the Government of Sudan in a dispute over the definition and delimitation of the Abyei Area. Read more on WilmerHale's website: https://www.wilmerhale.com/pages/publicationsandnewsdetail.aspx?NewsPubId=100269.
White & Case International Arbitration LLM Program
 
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Experience unique, individualized curriculum for a small group of top quality students from a range of countries looking to acquire an in-depth grounding in the field of international arbitration as a platform for a successful career. More at: http://www.law.miami.edu/academics/llm/white-and-case-international-arbitration-llm
Views: 1282 MiamiLawOfficial
International arbitration
 
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International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships. As with arbitration generally, international arbitration is a creation of contract: the parties' decision to submit disputes to binding resolution by one or more arbitrators selected by or on behalf of the parties and applying adjudicatory procedures, usually by including a provision for the arbitration of future disputes in their contract. The practice of international arbitration has developed to allow parties from different legal and cultural backgrounds to resolve their disputes, generally without the formalities of their respective legal systems. This video is targeted to blind users. Attribution: Article text available under CC-BY-SA Creative Commons image source in video
Views: 7933 Audiopedia
Campbell McLachlan discusses International Investment Arbitration
 
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Author Campbell MacLachlan of "International Investment Arbitration: Substantive Principles", discusses the field and the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. Learn more: http://bit.ly/2eMg8Xz © Oxford University Press
International arbitration & trade dispute resolution
 
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In this on-demand webinar, our expert lawyers from Canada and the UK highlight the latest developments in international commercial arbitration and the resolution of disputes under international trade and investment treaties. This video may contain information of general interest about current legal issues, but does not give legal advice.
Views: 138 Gowling WLG
White & Case: Dipen Sabharwal discusses the 2015 International Arbitration Survey
 
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The 2015 International Arbitration Survey conducted by Queen Mary University of London (QMUL) is the third survey carried out in partnership with White & Case. The theme of this year's survey is improvements and innovations in international arbitration. The survey examined the effectiveness of past innovations and what could be improved in the future. Watch White & Case partner Dipen Sabharwal discuss the 2015 International Arbitration Survey. The 2015 International Arbitration Survey is available at: http://www.whitecase.com/arbitration-survey-2015
Views: 1795 whitecaseglobal
Kluwers Law: "Practical Tips for Winning your Case in International Arbitration"
 
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Section 7 - Practical Tips for Winning your Case in International Arbitration Melissa Quai Currie, Partner of Dispute Resolution, Hadef & Partners. Wolters Kluwer Conference for In-house Counsel. Dubai & Middle East: 5th Annual International Arbitration Summit
Views: 62 Newton Arbitration
Predictability versus Flexibility: Secrecy in International Investment Arbitration
 
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Skip ahead to main speaker at 1:31 There is heated debate over the wisdom and effect of secrecy in international negotiations. This debate has become central to the process of foreign investment arbitration because parties to disputes nearly always can choose to hide arbitral outcomes from public view. Working with a new database of disputes at the world’s largest investor-state arbitral institution, the World Bank’s International Centre for Settlement of Investment Disputes, the authors examine the incentives of firms and governments to keep the details of their disputes secret. Emilie Hafner-Burton is director of the Laboratory on International Law and Regulation and is the John D. and Catherine T. MacArthur Professor of International Justice and Human Rights at the School of Global Policy and Strategy at UC San Diego. She is also a joint professor for the Department of Political Science.
Conflict of Interest in International Arbitration in the Context of Third Party Funding
 
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Panel 4 of the Contemporary Issues & Emerging Trends in International Arbitration event from March 27, 2017 at Penn Law
Views: 1251 Penn Law
Calculation of Compensation and Damages in International Investment Law
 
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BOOK REVIEW CALCULATION OF COMPENSATION AND DAMAGES IN INTERNATIONAL INVESTMENT LAW 2nd edition By Irmgard Marboe ISBN: 978 0 19874 993 6 OXFORD UNIVERSITY PRESS Oxford International Arbitration Series www.oup.com __________________________________________________ CORPORATE AND INTERNATIONAL LAWYERS WILL WELCOME THIS DEFINITIVE TEXT ON COMPENSATION AND DAMAGES IN INTERNATIONAL INVESTMENT LAW – NOW IN A NEW EDITION An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Published in a new second edition by the Oxford University Press, this is a major league text on a topic of vital importance to many an international lawyer and certainly to international arbitrators: that is, the award of compensation and damages largely in disputes between investors (overwhelmingly corporate investors) and nation states. Money is of course the crux of the matter, whether it comes under the category of damages, or compensation or both. The ways and means by which the consequently vast sums are calculated will often present formidable jurisprudential and legal problems, the most illustrative of which (and there are a lot of these) are discussed and analysed in this book, with frequent reference to case law, including the most up-to-date developments that have emerged since the first edition was published in 2008. The subject is wide-ranging, so it is useful that the book is a monograph, focusing in depth on this subject alone, as it has become in recent years, a specialist area. It is not surprising that this book is the first in the OUP’s respected Oxford International Arbitration Series to go into a second edition --and according to the general editor of the series, Loukas Mistelis, one of the first books in English specifically dedicated to this topic. ‘International investment,’ says author Professor Irmgard Marboe, ’has developed into an important area of international economic law, complemented by a system of dispute settlement and remedies.’ She comments further that international investment law is less state-centric than international trade law, with private companies being the key actors. One example (of the many) of significant cases in this area is the matter of the Russian oil company Yukos against the Russian Federation. Also note the very useful diagrammatic tables of cases in the four appendices. There are over a hundred pages of them – plus the tables of cases and of legislation and instruments that precede the main text. The amount of research that has gone into the writing of this book is beyond impressive. The bibliography alone takes up more than twenty pages – and to say that the footnoting is extensive is an understatement. What a wealth of references for researchers is presented here. This is an academic tour de force if there ever was one. ‘The overall goal of the arbitration process’, concludes Marboe, is ‘to ensure that the rule of law is observed.’ There is little doubt that this timely and authoritative new edition of her highly regarded text will almost certainly contribute to the achievement of this aim. The law is stated as at January 2017.
Views: 157 Phillip Taylor
Talking Disputes | Philip Morris v. Uruguay
 
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This special edition of Talking Disputes series discusses the recent arbitral award in the investor-state dispute Philip Morris v. Uruguay (ICSID Case No. ARB/10/7). We welcome your feedback: https://www.surveymonkey.com/r/GMSZMXH This case was filed by Swiss and Uruguayan subsidiaries of the tobacco giant Philip Morris International (jointly referred to as “Philip Morris” or the “Claimants”) in 2010, on the basis of the 1988 bilateral investment treaty (BIT) between Switzerland and Uruguay and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). In this dispute, Philip Morris took issue with Uruguay’s tobacco control measures including a single presentation requirement that allows only one variant of cigarettes per brand family and also the requirement of increasing the size of graphic health warnings from 50% to 80% appearing on cigarette packages. In its July 2016 award, the tribunal held that a trademark holder does not enjoy an absolute right of use, free of regulation, and that the use of trademark in commerce is subject to the state’s regulatory power. The tribunal ultimately found that the measures were a valid exercise by Uruguay of its police powers for the protection of public health, and cannot constitute an expropriation of Philip Morris’ investment. The arbitrators also found no violation of the “fair and equitable treatment” requirement under the BIT. The tribunal considered among other issues that the World Health Organization’s Framework Convention on Tobacco Control (FCTC) is a point of reference on the basis of which one could determine the reasonableness of the measures. The tribunal also dismissed Philip Morris’ other claims and ordered the Claimants to pay Uruguay $7 million as reimbursement of legal expenses. For more information: http://www.ictsd.org/themes/trade-law/events/talking-disputes-philip-morris-v-uruguay
Views: 1594 ICTSD
Hot Topics in Investment Arbitration
 
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Join us at the Lagos Court of Arbitration to discuss topical issues in investment arbitration. Register at https://www.aila.org.uk/page-1806075
Vattenfall v Germany - Public Hearing - Day One - 10 October 2016 - 1 of 4
 
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Vattenfall AB and others v. Federal Republic of Germany (ICSID Case No. ARB/12/12) - Public Hearing The hearing on jurisdiction, merits and quantum in Vattenfall AB and others v. Federal Republic of Germany is scheduled to take place before a three-member arbitral tribunal from Monday, October 10, 2016 through Friday, October 21, 2016 (excluding Saturday, October 15 and Sunday, October 16). The parties have agreed to make the hearing open to the public, except for those parts involving confidential or sensitive information. A video of the hearing will be streamed online in English with a four-hour delay. The video stream will be available each day beginning at approximately 1:00 p.m. EST (except that on Monday, October 10, 2016, the stream will begin at approximately 2:30 p.m. EST). https://icsid.worldbank.org/apps/ICSIDWEB/Pages/News.aspx?CID=211&ListID=74f1e8b5-96d0-4f0a-8f0c-2f3a92d84773&variation=en_us
Complexities of Diversity in International Arbitration
 
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Panel 2 of the Contemporary Issues & Emerging Trends in International Arbitration event from March 27, 2017 at Penn Law
Views: 405 Penn Law
Developments in Investment Arbitration  - Wolters Kluwer Thought Leadership
 
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Meg Kinnear, the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID), discusses developments in Investment Arbitration. Meg is also a contributor to the publication 'Building International Investment Law: The First 50 Years of ICSID'. For information on this title, visit http://bit.ly/2aIWjKD
FDI Moot final 2015
 
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The Dickson Poon School of Law, King’s College London, hosted the oral arguments of the Foreign Direct Investment Moot (FDI) Moot in 2015. The Moot saw some 300 students from Law Schools across the world visit The Dickson Poon School of Law to take part in the three-day competition. In this video the Moot finalists (from University of Athens, Greece and Universitas Pelita Harapan, Indonesia) compete in the Safra Lecture Theatre at King's College London.
Views: 17677 KCL Law
EU against ICSID (2): Achmea v Slovakia, UNCITRAL, arbitration, investors' rights, ISDR, TTIP, CETA
 
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http://www.legalstrategy.eu - Stanislovas Tomas Text version: http://www.eurolitigation.eu/2018/04/eu-against-icsid-2-achmea-v-slovakia.html EU v ICSID part 1: https://youtu.be/Qe917dA_rrE Text version of part 1: http://www.eurolitigation.eu/2018/04/eu-against-icsid-uncitral-arbitration.html Prohibition of the European and Community Patent Court: http://www.eurolitigation.eu/2011/03/ecj-prohibits-european-and-community.html
Views: 603 Stanislovas Tomas
Rules of Evidence in International Arbitration
 
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EXPERT ARBITRATION GUIDANCE FOR TODAY'S PRACTITIONERS AND ARBITRATORS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers By its very nature, dispute resolution is always contentious; the 'disputes' in question being quite frequently intractable. Evidence is therefore always of concern, especially, as is usual, where there is a virtually insoluble dispute over the basic facts- in which case, evidence becomes the key factor which will enable those sitting in judgment on a tribunal to come to a decision. 'In international arbitration,' says the author, Nathan O'Malley, an experienced practitioner, 'it is no different.' Intended to provide necessary and helpful guidance on international arbitration to arbitrators, as well as clients and their representatives, this book, published recently by Informa, presents 'a proper discussion of evidence in international arbitration,' which, as His Honour Humphrey Lloyd, QC observes in the Foreword, 'is long overdue.' It's also pointed out here that O'Malley has structured the book around the 2010 edition of the International Bar Association's Rules on the Taking of Evidence in International Arbitration, the IBA rules, being described as 'a synthesis of good practice.' But as the author also mentions, the IBA Rules do not cover all aspects of evidentiary procedure', which nevertheless still means that tribunals have problems confronting it. This book therefore started out as a research project aimed at identifying 'common solutions to common problems regarding evidence,' and culminated in a commentary on the IBA Rules, with further examination of related rules and issues. The primary source material for this book is, collectively, the published and unpublished case law of international tribunals, the views of which are represented and commented upon. Additionally, the Rules discussed are also sourced from the UNCITRAL Arbitration Rule (2010) and to some extent the UNCITRAL Model Law (2006). The book therefore is a rich, scholarly, informed and thoughtful source of guidance for anyone practising in this almost invariably complex area of law. And not for nothing is this clear and very readable volume referred to as an 'annotated guide', which it certainly is. Extensive and minutely detailed footnoting abounds as a rich resource in itself, plus -- there's a detailed index and Table of Cases and Arbitrations, together with a Table of Legislation, Conventions and Rules. Usefully, especially in any international field of law, there is a glossary of abbreviations and acronyms. If you're in any way involved with international arbitration, whether you are an arbitrator, lawyer, or possibly a client, you'd do well to acquire this book. The publication date is 2012.
Views: 791 ilegal
Foreign Direct Investment Regime and Investment Arbitration
 
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Help us caption and translate this video on Amara.org: http://www.amara.org/en/v/B8bw/ Palestra e Debate com o Prof. José Alvarez da New York University Law School, sobre Foreign Direct Investment Regime and Investment Arbitration (providing an interim assessment of the Argentina ICSID cases). Palestrante: - José Enrique Alvarez Mediadores: - Prof. Alessandra Nascimento Silva e Figueiredo Mourão - Prof. Rabih Nasser Resumo: http://youtu.be/lLmje7XjdLw Help us caption & translate this video! http://amara.org/v/B8bw/
Views: 1067 FGV
Young ICSID Book Launch Series: Procedural Issues in International Investment Arbitration
 
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Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. "Procedural Issues in International Investment Arbitration" is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by Jeffery Commission and Rahim Moloo, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today. The book launch, held in Washington, D.C. on May 10, 2018, featured a panel discussion with: - Jeffery Commission, Director, Burford Capital - Rahim Moloo, Partner, Gibson Dunn - Antonio Parra, former Deputy Secretary-General of ICSID - Jan Paulsson, Founding Partner, Three Crowns LLP Moderator, Meg Kinnear, Secretary-General, ICSID
Participants’ Feedback on the International Investment Law & Arbitration Programme – September 2018
 
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This five-day advanced introduction to international investment law and arbitration was run by the Lauterpacht Centre for International Law with Cambridge Judge Business School Executive Education from 17 – 21 September 2018. Further information on future courses is available at https://www.lcil.cam.ac.uk/investment-law-and-arbitration
Arbitration International - The Career of Professor Park
 
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International arbitration expert William Park is captured in conversation with his Research Assistant Maria Slobodchikova. Together, they discuss William’s experience in arbitrations, as well as William’s wider career in arbitration and his career milestones. These include his first arbitration practising as a young lawyer in Paris. http://arbitration.oxfordjournals.org/ © Oxford University Press
Seminar: The Ne Ultra Petita Principle and International Investment Arbitration - Part 1
 
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Wilmer Cutler Pickering Hale and Dorr LLP and the Investment Treaty Forum at the British Institute of International and Comparative Law (BIICL) on 25 Jan 2018 presented a seminar on the subject of “The ne ultra petita principle and international investment arbitration”. Speakers: Professor Attila Tanzi, Chair of International Law at the University of Bologna, Sir Franklin Berman KCMG QC of Essex Court Chambers and Maurice Mendelson QC of Blackstone Chambers Discussion Chair: Dr. Daniel Costelloe of Wilmer Cutler Pickering Hale and Dorr
The Law of Investment Treaties
 
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BOOK REVIEW THE LAW OF INVESTMENT TREATIES Second Edition By Jeswald W Salacuse OXFORD UNIVERSITY PRESS The Oxford International Law library ISBN: 978 0 19870 397 6 www.oup.com FOR INTERNATIONAL LAWYERS SPECIALISING IN A NEW BRANCH OF INTERNATIONAL LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Now here’s a relatively new and fast expanding area of the law – and here’s a book that will be of special interest to international lawyers, particularly those who deal with investment treaties, or are contemplating doing so. As a result of the relatively recent increase in such treaties and arbitral decisions, ‘the law of investment treaties’ has come to be recognized as a new branch of international law: The author, Jeswald A. Salacuse, Professor of Law at Tufts University in Massachusetts – and Diplomacy at Tufts University -- mentions that approximately 3,300 investment treaties have been created since the end of World War II, with new agreements emerging almost monthly from diplomatic negotiations -- clearly a phenomenon resulting from increasing globalization and the consequent globalization of business. Published by the Oxford University Press as part of the Oxford International Law Library, the new second edition of this highly regarded work examines every conceivable aspect of investment treaties. Fundamentally, however, the investment treaty does two things. First, it grants special protective rights to foreign investors. Secondly, it allows investors to enforce those rights, usually by international arbitration. The main motivation behind the investment treaty is that investors and their home countries wish to protect themselves from political risk. The author also makes the point that the applicable investment law is founded on treaties. This means that the distinct features of the investment treaty differentiate it from ‘the customary international law of investment.’ Investment treaties have been transformative in that, as is discussed in this book, they have emerged as the fundamental tool by which two countries will create a treaty which sets down rules governing investments by their respective nationals in each other’s countries. NAFTA, the North American Free Trade Agreement is an example. In the words of the author, the book aims to ‘examine investment treaties of all varieties in a comprehensive and integrated fashion.’ It therefore embarks on a close examination and analysis of the law of international investment treaties, specifically in relation to their origins, structure, content, and effect, as well as their impact on international investors and investments, and on governments that are parties to them. The numerous topics examined range from general standards of treatment of foreign investments, to monetary transfers; protection against expropriation; dispossession and compensation for losses; the various forms of dispute settlement -- and of course, much more, including a new chapter on the consequences of treaty violations and the determination of damages in investor-state disputes. With its extensive footnoting, detailed table of contents, index, tables of cases and conventions, treaties and agreements, this book excels as a valuable source of reference for researchers, academics, government officials, arbitrators and diplomats, as well as international lawyers. In fact, anyone even remotely involved in this area of law should acquire a copy. The publication date is cited as at 2015.
Views: 515 Phillip Taylor
Getting Into and Getting Ahead in International Arbitration
 
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Young ICCA, the new professionals division of the International Council for Commercial Arbitration, in conjunction with the Blacks of the American Society of International Law (BASIL) Task Force, will host a training workshop on entering and advancing a career in international arbitration. The evening’s training will include two panels. The first will focus on “Mentorship in International Arbitration” and will advise attendees on finding and being a good mentor. The second will address “Building a Successful Career in International Arbitration” and will discuss steps that students and new professionals can take to pursue a career in the field of international arbitration. The BASIL Task Force is an initiative of the American Society of International Law designed to increase the number of blacks in international law. To that end, this event will focus on black lawyers and law students in order to expose them to the international arbitration community and to increase awareness of the value they would bring to this field of international law.
Views: 1135 asil1906
Toby Landau QC on arbitration and human rights
 
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Andrea Saldarriaga, Lead of the LSE Investment & Human Rights Project, interviews Toby Landau QC, arbitration practitioner and barrister from Essex Court Chambers, on the relationship between arbitration and human rights. In his interview, Toby reflects on how human rights issues are relevant to investment arbitration, how these issues are being raised and handled in arbitration proceedings and what challenges this poses for arbitration practitioners and the protection of human rights. This is the first of the Project's learning videos on arbitration and human rights.
Day 1 Session 1  - School of International Arbitration 30th Anniversary 2015
 
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School of International Arbitration 30th Anniversary Conference: 'The Evolution and Future of International Arbitration: The Next 30 Years' 19-21 April 2015, London For the full programme of speakers see: http://www.arbitration.qmul.ac.uk/events/2015/126692.html Read more about the School of International Arbitration at Queen Mary University of London www.arbitration.qmul.ac.uk
Views: 6245 QMULSchoolofLaw
Gary Born
 
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Introduction to International Arbitration: A Summary of the Basic Principles and Practices of International Arbitration 290414
Views: 12521 MagnaChartaLaw
International Arbitration and the Courts: Pepperdine Law Review 2015 - Part 3
 
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On Friday, April 17, 2015, the Pepperdine Law Review's annual symposium focused on the topic of "International Arbitration and the Courts." International authorities from practice and academia collected at the Malibu campus of Pepperdine School of Law – home of the nation's top dispute resolution program, the Straus Institute for Dispute Resolution – to explore important questions bearing on the complementary and sometime antagonistic interaction between arbitral tribunals and courts. The dominant theme of the symposium was that arbitration survives globally as a preferred method of dispute resolution in part because courts in leading jurisdictions have accepted a restrained role in relation to disputes that have been entrusted to arbitration. Nevertheless, the relationship between courts and arbitrators continues to be a dynamic one, subject to ongoing refinements as evergreen issues are revisited and as fresh questions emerge. This theme was develeoped with a series of panels: Court Assistance in Arbitration Delaware Tries Again George Bermann & Alan Rau: Gateway-Schmateway Investor-State Awards in Domestic Courts Judgment Aspects of Award Enforcement Symposium speakers and moderators included: George Bermann, Jean Monnet Professor of EU Law, Walter Gelhorn Professor of Law – Columbia Law School Andrea Bjorklund, Full Professor and L. Yves Fortier Chair in International Arbitration & International Commercial Law – McGill University Christopher Drahozal, Associate Dean for Research and Faculty Development, and John M. Rounds Professor of Law – University of Kansas School of Law Alan Rau, Mark G. and Judy G. Yudof Chair in Law – University of Texas School of Law Jan Schaefer, Partner – King & Spaulding Maxi Scherer, Senior Lecturer in International Arbitration and Energy – Queen Mary University of London Abby Cohen Smutny, Partner – White & Case Jarrod Wong, Professor of Law, and Codirector, Pacific McGeorge Global Center for Business and Development – McGeorge School of Law Aaron Simowitz, Research Fellow – New York University's Center for Transnational Litigation, Arbitration, and Commercial Law; and Fellow -Classical Liberal Institute Donald Earl Childress III, Associate Professor of Law – Pepperdine University School of Law Jack J. Coe, Jr., Professor of Law – Pepperdine University School of Law Robert E. Lutz, Professor of Law – Southwestern Law School Thomas Stipanowich, William H. Webster Chair in Dispute Resolution, Professor of Law, Pepperdine University School of Law
Views: 472 Pepperdine Law
International Arbitration and the Courts: Pepperdine Law Review 2015 - Part 2
 
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On Friday, April 17, 2015, the Pepperdine Law Review's annual symposium focused on the topic of "International Arbitration and the Courts." International authorities from practice and academia collected at the Malibu campus of Pepperdine School of Law – home of the nation's top dispute resolution program, the Straus Institute for Dispute Resolution – to explore important questions bearing on the complementary and sometime antagonistic interaction between arbitral tribunals and courts. The dominant theme of the symposium was that arbitration survives globally as a preferred method of dispute resolution in part because courts in leading jurisdictions have accepted a restrained role in relation to disputes that have been entrusted to arbitration. Nevertheless, the relationship between courts and arbitrators continues to be a dynamic one, subject to ongoing refinements as evergreen issues are revisited and as fresh questions emerge. This theme was develeoped with a series of panels: Court Assistance in Arbitration Delaware Tries Again George Bermann & Alan Rau: Gateway-Schmateway Investor-State Awards in Domestic Courts Judgment Aspects of Award Enforcement Symposium speakers and moderators included: George Bermann, Jean Monnet Professor of EU Law, Walter Gelhorn Professor of Law – Columbia Law School Andrea Bjorklund, Full Professor and L. Yves Fortier Chair in International Arbitration & International Commercial Law – McGill University Christopher Drahozal, Associate Dean for Research and Faculty Development, and John M. Rounds Professor of Law – University of Kansas School of Law Alan Rau, Mark G. and Judy G. Yudof Chair in Law – University of Texas School of Law Jan Schaefer, Partner – King & Spaulding Maxi Scherer, Senior Lecturer in International Arbitration and Energy – Queen Mary University of London Abby Cohen Smutny, Partner – White & Case Jarrod Wong, Professor of Law, and Codirector, Pacific McGeorge Global Center for Business and Development – McGeorge School of Law Aaron Simowitz, Research Fellow – New York University's Center for Transnational Litigation, Arbitration, and Commercial Law; and Fellow -Classical Liberal Institute Donald Earl Childress III, Associate Professor of Law – Pepperdine University School of Law Jack J. Coe, Jr., Professor of Law – Pepperdine University School of Law Robert E. Lutz, Professor of Law – Southwestern Law School Thomas Stipanowich, William H. Webster Chair in Dispute Resolution, Professor of Law, Pepperdine University School of Law
Views: 967 Pepperdine Law
The Future of the Public-Private Divide in International Arbitration
 
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White & Case LLP and Sciences Po Law School Human Rights Clinic jointly organized a symposium “Public Interest / Private Dispute” on 12 November 2014 which took place at White & Case LLP's Paris offices. The symposium aimed to promote a constructive dialogue on the proper balance of public and private interests in the future practice of international arbitration among esteemed members of the international arbitration community. The speakers were: - Diego P. Fernández Arroyo: Professor of International Law, Co-director of the program Global Governance Studies, Sciences Po Law School - James Castello: Partner, King & Spalding (Paris); US Delegate to the UNCITRAL Working Group on Arbitration during the drafting of the Transparency Rules for Treaty-based Investor-State Arbitration - David Gaukrodger: Senior Legal Adviser, OECD Investment Division - Michael Polkinghorne: Partner and Head of International Arbitration Group at White & Case’s Paris office - Eliana Maria Tornese: Counsel, ICC Court of Arbitration - Catherine Rogers (Keynote Speaker): Professor of Ethics, Regulation & the Rule of Law and Co-Director of the Institute for Ethics & Regulation, Queen Mary/University of London; Professor of Law, Penn State Law - Horatia Muir Watt (Moderator): Professor of International Law, Co-director of the program Global Governance Studies, Sciences Po Law School Sciences Po Law School Human Rights Clinic students, Jeremy Lagelee, Evgeniya Latysheva and Miglena Angelova, delivered performances they developed in conjunction with their tutor, Robert Houston (Fulbright Fellow to Singapore, 2014-2015), to introduce each of the two panel discussions. Robert Houston and Fiona Candy, International Arbitration Professional Support Lawyer based in Paris, co-organized the event. *All remarks of the participants in this event were made in their personal capacity rather than on behalf of their institution/law firm*
Views: 1462 whitecaseglobal
Cambridge Arbitration Day 2017: Panel 2: Defending Investment Arbitration: A Lost Battle?
 
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The Cambridge Arbitration Day brings together scholars, practitioners, and students for a discussion on recent developments in the field of international arbitration. This year’s event on 18 March 2017 was titled 'Winds of Change: Rethinking the Future of International Arbitration'. The main conference was preceded by a Young Practitioners’ Event organized in association with the ICC Young Arbitrators Forum (YAF) on 17 March 2017. This event was aimed at encouraging young practitioners to exchange professional experience and create a network that strengthens relationships within the young arbitration community. Further information about the event and the programme can be found at: http://www.cambridgearbitrationday.org/ This recording is the second panel event, Defending Investment Arbitration: A Lost Battle? 1. Moderator: Wendy Miles, QC / Partner Debevoise & Plimpton 2. Stronger Pre-Conditions to Arbitration - Recent Trends in Treaty Drafting: Giorgio Francesco Mandelli / Partner Volterra Fietta 3. Interaction Between Investment Arbitration, Human Rights & Trade Law: Mark McNeill / Partner Shearman & Sterling 4. Current Challenges to Enforcing Investment Arbitration Awards: Lucy Martinez / Counsel Three Crowns 5. The Shift to an Investment Court and an Appeals Mechanism: Patricio Grané Labat / Partner Arnold & Porter Kaye Scholer
LAWSG069: International Arbitration // Dr Martins Paparinskis
 
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Various cross-border commercial disputes, such as those arising under contracts for the international sale of goods, insurance and reinsurance and carriage of goods by sea, are frequently resolved by arbitration in London. This module concerns the contractual and procedural elements of international arbitration both from comparative and practical perspectives, focusing particularly on the English Arbitration Act 1996, the UNCITRAL Model Law and the New York Convention. International arbitration on the basis of investment protection treaties borrows quite heavily from the practice of international commercial arbitration, but it also partly raises qualitatively different challenges, addressed in this module with particular focus on the ICSID Convention and UNCITRAL Rules of Arbitration. Find out more about this module at: http://www.laws.ucl.ac.uk/study/graduate/llm-programme/llm-taught-modules/international-arbitration/
Views: 532 UCL Laws
Arbitration International - Trends and the Future of International Arbitration
 
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International arbitration expert William Park is captured in conversation with his Research Assistant Maria Slobodchikova. Together, they discuss current trends and likely future topics that will arise in the field of International arbitration. http://arbitration.oxfordjournals.org/ © Oxford University Press
International Arbitration and the Courts: Pepperdine Law Review 2015 - Part 4
 
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On Friday, April 17, 2015, the Pepperdine Law Review's annual symposium focused on the topic of "International Arbitration and the Courts." International authorities from practice and academia collected at the Malibu campus of Pepperdine School of Law – home of the nation's top dispute resolution program, the Straus Institute for Dispute Resolution – to explore important questions bearing on the complementary and sometime antagonistic interaction between arbitral tribunals and courts. The dominant theme of the symposium was that arbitration survives globally as a preferred method of dispute resolution in part because courts in leading jurisdictions have accepted a restrained role in relation to disputes that have been entrusted to arbitration. Nevertheless, the relationship between courts and arbitrators continues to be a dynamic one, subject to ongoing refinements as evergreen issues are revisited and as fresh questions emerge. This theme was develeoped with a series of panels: Court Assistance in Arbitration Delaware Tries Again George Bermann & Alan Rau: Gateway-Schmateway Investor-State Awards in Domestic Courts Judgment Aspects of Award Enforcement Symposium speakers and moderators included: George Bermann, Jean Monnet Professor of EU Law, Walter Gelhorn Professor of Law – Columbia Law School Andrea Bjorklund, Full Professor and L. Yves Fortier Chair in International Arbitration & International Commercial Law – McGill University Christopher Drahozal, Associate Dean for Research and Faculty Development, and John M. Rounds Professor of Law – University of Kansas School of Law Alan Rau, Mark G. and Judy G. Yudof Chair in Law – University of Texas School of Law Jan Schaefer, Partner – King & Spaulding Maxi Scherer, Senior Lecturer in International Arbitration and Energy – Queen Mary University of London Abby Cohen Smutny, Partner – White & Case Jarrod Wong, Professor of Law, and Codirector, Pacific McGeorge Global Center for Business and Development – McGeorge School of Law Aaron Simowitz, Research Fellow – New York University's Center for Transnational Litigation, Arbitration, and Commercial Law; and Fellow -Classical Liberal Institute Donald Earl Childress III, Associate Professor of Law – Pepperdine University School of Law Jack J. Coe, Jr., Professor of Law – Pepperdine University School of Law Robert E. Lutz, Professor of Law – Southwestern Law School Thomas Stipanowich, William H. Webster Chair in Dispute Resolution, Professor of Law, Pepperdine University School of Law
Views: 310 Pepperdine Law
International Arbitration Law - Online short course
 
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Get to grips with arbitration as an effective means of resolving disputes between parties in different legal jurisdictions. Learn from experts in international law and the specialist field of arbitration as you work towards accreditation by the Chartered Institute of Arbitrators. Gain a valuable career boost as a lawyer working in private practice, inhouse, or in a government organisation anywhere in the world – with all the advantages of distance learning wherever you are located. Find out more: https://www.abdn.ac.uk/study/online/short-courses/international-arbitration-law.php
Redfern and Hunter on International Arbitration, Part I
 
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Author Alan Redfern describes the inception of 'Redfern and Hunter on International Arbitration' in the early 1980s, through to its status today as a leading international authority http://oxford.ly/X3ZYWC
LAWS0080: International Arbitration // Ugljesa Grusic
 
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This module offers the fundamentals of international commercial and investment arbitration both from comparative and practical perspectives. This module is divided in two parts. The first part, roughly two thirds of the module, concerns international commercial arbitration. The remaining one third concerns international investment arbitration. Read more: https://www.ucl.ac.uk/laws/study/llm-master-laws/modules-2018-19/international-arbitration-laws0080
Views: 709 UCL Laws
Quantifying Damages in Energy Related Investment Arbitration: Interpreting and Applying Rules of CIL
 
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Presentation, by Cees Verburg, at the TRICI-Law and GLOBTAXGOV Workshop on Customary International Law and its Interpretation in International Tax & Investment Law. "Quantifying Damages in Energy Related Investment Arbitrations: Interpreting and Applying Rules of Customary International Law Regarding State Responsibility" Cees Verburg (LL.M. University of Edinburgh; LL.M. University of Groningen) is a PhD candidate at the Groningen Centre of Energy Law of the University of Groningen. His research interests include international energy law, international investment law and international arbitration. He teaches a course on international investment law at the University of Groningen and is occasionally involved in advisory work related to investment law and arbitration. Presentation Overview: What is the applicable norm of international law once an investment tribunal has established that a host State has violated its obligations under an international investment agreement (IIA) vis-à-vis the investor? Chances are, the applicable IIA is completely silent on this topic since IIA’s do not usually contain a specific regime on liability and State responsibility. Nevertheless, this question holds the answer to the ‘million dollar question’ or, and that is not uncommon in energy related investment arbitrations, the ‘billion dollar question’. For example, how come the Russian oil company Yukos was ‘only’ awarded EUR 1.9 billion in the proceedings before the European Court of Human Rights for various violations of the European Convention on Human Rights while the majority shareholders of Yukos, which held approximately 60 percent of the shares in the company, obtained USD 50 billion in a series of cases brought under the Energy Charter Treaty? Since IIA’s are usually silent on these issues, tribunals have to interpret and apply rules of customary international law, as codified in the ILC Draft Articles on State Responsibility. In Art. 31 of the Draft Articles one will find that ‘[t]he responsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act.’ This norm was already pronounced by the Permanent Court of International Justice in the 1928 the Factory at Chorzów case. Most often, but not always, investment tribunals will start their analysis by stating that the ‘full reparation’ norm applies. This is often followed by the interpretation and application of the norm. The presentation will focus on how investment tribunals, specifically those operating under the Energy Charter Treaty, have interpreted and applied the full reparation norm in case the applicable investment treaty has been violated by the State. Specific emphasis will be on the interpretive tools employed by tribunals to give content to the ‘full reparation’ norm.
Views: 15 TRICI-Law
Costs and Damages in Investment Treaty Arbitration in the Asia Pacific Region.
 
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Robert Kirkness, senior associate at Freshfields speak to us about Costs and Damages in Investment Treaty Arbitration in the Asia Pacific Region.
Views: 227 Conventus Law
International Investment Law: Section D - The case-law on the treatment of foreign investment.
 
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Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 1310 PGLawsUoL
Commercial Courts and International Arbitration – Competitors or Partners? - Part 2
 
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The annual International Arbitration Lecture 2014 presented by Clayton Utz. http://www.claytonutz.com/ialecture/ Commercial Courts and International Arbitration – Competitors or Partners? by Michael Hwang SC - Part 2 In most countries with developed arbitration laws, the concept of partnership is typically expressed by pronouncements from the Courts that their role in acting as the supervisory court of any arbitration is to be “arbitration-friendly”. On the other hand, there still remain jurisdictions where Courts insist on reserving to themselves certain overriding powers (eg. UAE and India). Partnership versus competition has become a topic of speculation after the announcement by the Supreme Court of Singapore of the forthcoming establishment of the Singapore International Commercial Court (“SICC”). In the 14th annual International Arbitration Lecture presented by clayton Utz and the University of Sydney, Michael Hwang QC discussed the implications of the SICC for arbitration in Singapore, and will compare it with the experience of a similar international court, the Dubai International Financial Centre (“DIFC”) Courts; and impacts of a new Practice Direction for public consultation which seeks to provide a protocol for conversion of DIFC Courts judgments into arbitration awards.
Views: 884 Clayton Utz
New York Convention 60th Anniversary
 
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Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards. The term "non-domestic" appears to embrace awards which, although made in the state of enforcement, are treated as "foreign" under its law because of some foreign element in the proceedings, e.g. another State's procedural laws are applied. The Convention's principal aim is that foreign and non-domestic arbitral awards will not be discriminated against and it obliges Parties to ensure such awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards. An ancillary aim of the Convention is to require courts of Parties to give full effect to arbitration agreements by requiring courts to deny the parties access to court in contravention of their agreement to refer the matter to an arbitral tribunal.
TDM 1 (2017)
 
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TDM 1 (2017) https://www.transnational-dispute-management.com/journal-browse-issues-toc.asp?key=71 PROCEDURE, ADVOCACY, STRATEGY AND TACTICS IN ARBITRATION * Burden of Proof as a Prerequisite to Document Production Under the 2010 IBA Rules: An Obituary by M.E. Jaffe, J.T. Dulani and D.J. Stute * Discovery in International Civil Litigation: A Guide for Judges by R. Moloo, T.P. Harkness, P. Oh, C. Yim * The European Union's Proposal for an International Investment Court: Significance, Innovations and Challenges Ahead by C. Titi * ICSID Article 53: A Back Door to Thwarting Sovereign Immunity from Execution? by B.W. Rice * The "Yukos" Cases and Provisional Application of the ECT Under the Finnish Legal System by K. Talus * The Russia-Ukraine Bond Dispute: Another Frozen Conflict? by P. Clateman * The Legal Framework Applicable to Joint Interpretive Agreements of Investment Treaties by D. Gaukrodger * Navigating the Parallel Universe of Investor-State disputes under the UNCITRAL Rules by J. Levine * The Interaction of International Investment Arbitration and the Rights of Indigenous Peoples by J. Levine * ICSID Annulment Procedure - Review of Practice and Experience by J.E. Kalicki * Borderlines: Is There a Difference Between Protection of Property and Protection of Investment? by V. Heiskanen * The Importation of 'Better' Fair and Equitable Treatment Standard Protection Through MFN Clauses: An analysis of NAFTA Article 1103 by P. Dumberry * The Law Applicable to Extension of the Arbitration Agreement: Protecting Non-Signatories while Providing Flexibilityby R.C. del Rosal Carmona, International Centre for Dispute Resolution (ICDR) Climate Change Disputes: The PCA, The Paris Agreement and Prospects for Future Arbitrations by J. Levine * Speeding Up the Path for Gender Equality by M. Philippe * Case Comment: Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) Company of China, Limited v. Kingdom of Belgium - A Jurisdictional Black Hole Between Two BITs? by S.A. Green Martínez * Late-in-the-Day Arbitrator Challenges and Resignations: Anecdotes and Antidotes by J. Levine * Can Arbitrators Choose Who to Call as Witnesses? (And What Can Be Done If They Don't Show Up?) by J. Levine * The Power of Arbitral Tribunals to Raise Public Policy Rules Ex Officio: The Case of EU Competition Law by D. Geradin * The Valuation of Natural Resources: A Real Options Approach by J. Alberro * The Russian Roulette? Risks in Energy Investment Disputes in the Russian Federation by U. Turksen * CILS Symposium "International Arbitration Symposium" papers by A. Burr, C.A. Ludington, D.A. Lawson, by M.C. Hilgard, J.P. Gaffney, M. Stanivukovic, A.M. Anderson, M. Vats-Fournier, W. Sapronov, P.C.J. Srouji * Mediation in the Courts' Embrace: Introduction of Court-Annexed Mediation into the Justice System in Kenya by F.K. Shako * "Writing for Publications and Competitions" by S. Kamerow * "Sound Off: How to Get a Speaking Slot in International Arbitration (February 2016)" by M. Craven * "Prove It! Evidence in International Arbitration (6-15 June 2016)" by D. Wong * Private International Law, Art and Cultural Heritage (Christa Roodt) - Book Review by N. Kadhim * Dispute Settlement in the Area of Space Communication - 2nd Luxembourg Workshop on Space and Satellite Communication Law - (Ed. Mahulena Hofmann) - Book Review by P. Pusceddu * Arbitration of Trust Disputes: Issues in National and International Law (ed. S.I. Strong) - Book Review by I. Bantekas * The Artifact of International Jurisdiction: Concept, History and Reality by V. Heiskanen * Arbitration in Africa - The Bigger Picture by E. Torgbor * "Global Trends" Keynote Address 10th Annual Juris Investment Treaty Arbitration Conference May 13, 2016, Washington, D.C. by M. Kantor You can download a free excerpt here: https://www.transnational-dispute-management.com/journal-browse-issues-toc.asp?key=71
What does suitability mean in a securities arbitration case?
 
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What does suitability mean in a securities arbitration case? | Silver Law Group | Securities and Investment Fraud | Free Case Evaluation : (800) 975-4345 | 11780 W. Sample Road | Coral Springs, FL 33065 The suitability rule is the foundation upon which the security's industry rules and regulations are written which basically requires that a financial advisor make a suitable or appropriate recommendation to an investor based upon that investor's investment objectives and risk tolerance. Every investor has their own goals and risk tolerance when making an investment and a financial advisor cannot simply recommend whatever he thinks is best for any and all investors but must take into consideration both who the investor is, how knowledgeable that investor is, and what is that investor's risk tolerance.
Views: 28 Silver Law Group
International Arbitration - Wolters Kluwer Thought Leadership
 
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Gary Born, chair of the International Arbitration Practice Group, discusses the past, present and future of international arbitration. Gary is widely regarded as the world's preeminent authority on international commercial arbitration and international litigation, and is the author of a number of best selling books, including International Commercial Arbitration and International Arbitration: Law and Practice. For more information on these titiles, visit http://bit.ly/1sPkmzd
George Bermann. Master in International Commercial & Investment Arbitration
 
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http://www.isdemasters.com/en/master-international-commercial-investment-arbitration