Search results “Investment arbitration case law”
Enforcement Issues in International Arbitration Yukos Case
Panel 3 of the Contemporary Issues & Emerging Trends in International Arbitration event from March 27, 2017 at Penn Law
Views: 1875 Penn Law
International Arbitration: Abyei Area (Sudan v. SPLM/A) - Oral Proceedings (Gary Born)
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.
3.3 Introduction to Investor  State Arbitration
This lecture is by Yannick Radi, an Assistant Professor of International Law and a fellow at the Grotius Centre for International Legal Studies and Leiden Law School. Do you want to learn more and practice with the content? You’ll find this online university course for free at coursera.org This video by Leiden University is licensed under a Creative Commons Attribution-NonCommerical-ShareAlike 3.0 Netherlands License (see http://creativecommons.org/licenses/by-nc-sa/3.0/nl/deed.en_US). Contact: [email protected]
Rules of Evidence in International Arbitration
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: 735 ilegal
International Arbitration Law and Practice  long clip
BOOK REVIEW INTERNATIONAL ARBITRATION LAW AND PRACTICE Third Edition By Mauro Rubino-Sammartano JURISNET LLC ISBN: 978 1 937518159 www.jurispublishing.com THE STUDY OF ARBITRATION CONTINUES APACE WITH RUBINO-SAMMARTANO’S THIRD EDITION OF THIS HIGHLY REGARDED AND DETAILED WORK An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The purpose of this lively work of scholarship, says its author Mauro Rubino-Sammartano, is ‘to dig into the rich ground of arbitration.’ Published by Juris, this volume of over two-thousand pages and forty-six chapters, cannot be summarised in a few paragraphs, but suffice to say, it is an important contribution to the growing body of literature on the complexities of arbitration. There are a number of major problems which necessitate arbitration in the first place. These first of all, have to be identified and dealt with, says the author, by the formation of the arbitration agreement… and the way in which said agreement regulates the various relationships that arise from it… then its relationship with state courts and finally (but not necessarily conclusively) the available remedies. Basically, the aim of the book is to provide support and/or argument aimed at helping readers, professional or otherwise, who are involved in, or embroiled in, the processes of arbitration. Now in its third edition, this is a long-established and therefore highly regarded work of reference which deals with a wide range of arbitration issues, including commercial, investment, online, state-individual, commodities, US-Iran, UNCITRAL and sports arbitration. The book is full of interesting examples of the way arbitration works in practice and sometimes doesn’t work. Take the case of Stran v. Greece, which involved a contractual dispute on the part of a refinery that claimed damages against the Greek government. Having lost the dispute, the Greek government then passed a statute that entitled it to repudiate contracts, declaring that the specific arbitral proceeding… as well as the awards rendered, were set aside. With wry understatement, the author comments that this is ‘an abuse of authority’ of which any adjudicator or arbitrator ‘would not approve’. (The date when this matter took place is not given, although there is a footnoted reference). Even more noteworthy – and historically significant – is the example of an international dispute resolved with at least some success, namely the 1981 agreement between the United States and the then new Islamic Republic of Iran. When the Shah was deposed in 1979, all commercial and financial relationships between Iran and the US were terminated, with the US taking retaliatory measures, primarily a freeze on Iranian funds. The dramatic climax was the arrest in Teheran of 52 American embassy staff. This was the famous ‘hostage crisis’ which after much arbitral intervention contained in the Algiers Declarations (The Iran-US Claims Tribunal) detailed in the book, the hostages were eventually released once the US had committed to four fundamental obligations. The US imposed only one obligation: the release of the 52 American citizens safe and sound. Agreements between the two countries were eventually signed on 19 January 1981 which resolved the crisis. These of course are only a couple of examples of the book’s insightful, informative, certainly information-rich and quite often startling content, especially in the chapter on ‘obstacles to overcome.’ The emphasis throughout is the need for arbitrators to be persons of integrity, aiming at all times for a just outcome and a satisfactory result for the disputatious parties who, invariably ‘always want to win.’ With its bibliography of almost 100 pages, detailed index, four appendices and extensive tables of awards and of cases, this impressive book is globally oriented and therefore an important source of research for arbitrators and lawyers as well as scholars worldwide. Well known in the US, it should be considered an important contribution to the professional libraries of arbitrators everywhere. The publication date of this edition is cited as at 2014.
Views: 413 Phillip Taylor
Calculation of Compensation and Damages in International Investment Law
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: 122 Phillip Taylor
Cambridge Arbitration Day 2017: Panel 2: Defending Investment Arbitration: A Lost Battle?
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
Vattenfall v Germany - Public Hearing - Day One - 10 October 2016 - 1 of 4
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
International arbitration
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: 7105 Audiopedia
White & Case International Arbitration LLM Program
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: 1134 MiamiLawOfficial
Campbell McLachlan discusses International Investment Arbitration
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
Hot Topics in Investment Arbitration
Join us at the Lagos Court of Arbitration to discuss topical issues in investment arbitration. Register at https://www.aila.org.uk/page-1806075
Arbitration International - Trends and the Future of International Arbitration
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
Young ICSID Book Launch Series: Procedural Issues in International Investment Arbitration
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
Modern Arbitration: LIVE The Role of Procedural Soft Law in International Arbitration
On 7 February 2018, Arbitration Center at the Institute of Modern Arbitration held another seminar from the series of discussions “Modern Arbitration: LIVE. Discussing Arbitration in a Comparative Perspective”. This time the seminar focused on the role of procedural soft law in the practice of international commercial and investment arbitration. Among the analyzed soft law instruments were the following: IBA Guidelines on Conflicts of Interest - 6:57 - 48:05 IBA Rules on Taking Evidence - 48:13 - 1:24:05 IBA Guidelines on Party Representation - 1:24:05 - 1:39:09 UNCITRAL Rules on Transparency - 1:39:09 - 1:54:14 The panel includes: Sergey Alekhin, Associate Willkie Farr & Gallagher LLP (Paris) Artem Doudko, Partner, Osborne Clarke (London) Nikita Kondrashov, Associate, Luther RmbH (Hamburg) Olga Tsvetkova, Attorney, Senior Associate, EPAM (Moscow) Diego Gosis, Partner, GST (Miami) Eleni Polycarpou, Partner, Co-Head of International Arbitration Practice, Withersworldwide (London) Moderated by: Andrey Gorlenko, the Executive Administrator, Arbitration Center at the Institute of Modern Arbitration
Conflict of Interest in International Arbitration in the Context of Third Party Funding
Panel 4 of the Contemporary Issues & Emerging Trends in International Arbitration event from March 27, 2017 at Penn Law
Views: 1103 Penn Law
BITS, BATs and Buts - Reflections on International Arbitration
On April 16, 2014, Bok Professor Gary Born returned to the University of Pennsylvania Law School for a talk on some of the latest developments in the field of international arbitration. Specifically, his lecture outlined a new form of international dispute resolution—"bilateral arbitration treaties" (or "BATs")—which would provide for the resolution of international commercial disputes by arbitration. Professor Born placed the proposed BAT dispute resolution mechanism in its historical perspective, focusing in particular on parallels with bilateral investment treaties ("BITs"), and will also discuss the potential objections to his proposal ("Buts...").
Views: 2386 WilmerHale
Toby Landau QC on arbitration and human rights
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.
Kluwers Law: "Practical Tips for Winning your Case in International Arbitration"
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: 57 Newton Arbitration
The Future of the Public-Private Divide in International Arbitration
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: 1393 whitecaseglobal
Seminar: The Ne Ultra Petita Principle and International Investment Arbitration - Part 1
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
3.1Arbitration and the Permanent Court of Arbitration
This lecture is by Yannick Radi, an Assistant Professor of International Law and a fellow at the Grotius Centre for International Legal Studies and Leiden Law School. Do you want to learn more and practice with the content? You’ll find this online university course for free at coursera.org This video by Leiden University is licensed under a Creative Commons Attribution-NonCommerical-ShareAlike 3.0 Netherlands License (see http://creativecommons.org/licenses/by-nc-sa/3.0/nl/deed.en_US). Contact: [email protected]
International Investment Arbitration - Online short course
Get to grips with procedural issues in investor-state arbitration when disputes occur in international investment agreements. Learn from highly-qualified lawyers at a top UK law school, and experts practising in the fast-moving and topical field of international arbitration. Take advantage of growing career opportunities for lawyers working in private practice, corporate sector or government organisations 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-investment-arbitration.php
Foreign Direct Investment Regime and Investment Arbitration
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: 1038 FGV
Recalibrating International Investment Law
Keynote address from the "Reforming International Investment Law: Opportunities, Challenges, Paradigms" conference at Boston College Law School. Speakers Chair: Prof. Sebastian Lopez Escarcena, Pontifical Catholic University of Chile Keynote Speaker: Eric de Brabandere, "Recalibrating international investment law - The Communicating Vessels of Investment Protection and Investor Obligations"
Views: 618 BC Law
Making International Arbitration Suitable for the 21st Century
Oct. 19, 2011 Making International Arbitration Suitable for the 21st Century Distinguished Visiting Practitioner Lecture presented by the Center for the Interdisciplinary Study of Conflict and Dispute Resolution Speaker: David W. Rivkin Partner Debevoise & Plimpton LLC
35th Annual Joint Colloquium on International Arbitration: Techniques for Cross-Examination
Since 1983, the International Centre for Settlement of Investment Disputes (ICSID), the ICC International Court of Arbitration, and the International Centre for Dispute Resolution (ICDR) annually co-sponsor a joint colloquium that covers significant topics in international arbitration. The 35th Annual Joint Colloquium on International Arbitration was hosted by ICSID in Washington, D.C., on December 7, 2018. This session considered how to, and how not to, conduct effective cross-examination. The panel featured commentary from an esteemed panel of arbitrators and counsel who shared their experience, demonstrated best practice, and discussed how cross-examination should be approached in arbitration.
Gary Born
Introduction to International Arbitration: A Summary of the Basic Principles and Practices of International Arbitration 290414
Views: 11537 MagnaChartaLaw
EU against ICSID (2): Achmea v Slovakia, UNCITRAL, arbitration, investors' rights, ISDR, TTIP, CETA
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: 500 Stanislovas Tomas
Panel 3 Debate: Increasing Transparency in Commercial & Investment Arbitration - A Welcome Reform?
Cambridge Arbitration Day 2017: Panel 3: Debate: Increasing Transparency in Commercial & Investment Arbitration - A Welcome Reform? 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 third panel event, which comprised a debate: Increasing Transparency in Commercial & Investment Arbitration - A Welcome Reform? 1. Moderator: Professor Dr Maxi Scherer / Special Counsel WilmerHale, Professor Queen Mary University of London 2. For the Motion (Commercial Arbitration) / Gabriele Ruscalla / Counsel ICC International Court of Arbitration 3. For the Motion (Investment Arbitration) / Samantha Rowe / Associate Debevoise & Plimpton 4. Against the Motion (Commercial Arbitration) / Arif Ali / Partner Dechert 5. Against the Motion (Investment Arbitration) / Richard Power / Partner Clyde & Co
2017 FDI Moot Final
Charles University v National Law School of India University before Prof William W Park (presiding), Ms Carol Ludington, and Ms Jessica Beess und Chrostin
Views: 3982 FDI Moot
International Arbitration - Wolters Kluwer Thought Leadership
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
Young ICSID Book Launch Series: The Rise of Investor-State Arbitration
On June 5, 2018, Young ICSID hosted a webinar to discuss "The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences." Authored by Taylor St John, the book takes readers through the key decisions that created investor-State arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The webinar featured a panel discussion with: - Taylor St John, Postdoctoral Research Fellow at PluriCourts, University of Oslo and Senior Research Associate at the Global Economic Governance Programme, University of Oxford - Antonio Parra, former Deputy Secretary-General of ICSID - Sudhanshu Roy, International Associate, Foley Hoag The event was moderated by Meg Kinnear, Secretary-General of ICSID.
XXII Willem C. Vis Moot Final (Full version) 2015 Vienna
This is full Final version of XXII Willem C.Vis International Commercial Arbitration Moot. Please remember copyright law when downloading and posting it somewhere: mentioning the authorship is mandatory.
Views: 26722 Kamo Chilingaryan
Appointment of Arbitrators: How to Obtain an Optimal Arbitral Tribunal
Helsinki International Arbitration Day 2013, Wednesday 22 May 2013, Helsinki, Finland First Panel "Appointment of Arbitrators -- How to Obtain an Optimal Arbitral Tribunal" Moderator: Carita Wallgren‐Lindholm, Partner, Lindholm Wallgren, Attorneys Ltd., Finland Speakers: Christopher R. Seppälä, Partner, White & Case LLP, France Jean‐Claude Najar, Curtis, Mallet-Prevost, Colt & Mosle, France & Turkey Mikko Kemppainen, Head of Legal Affairs, Orion Corporation, Finland
Views: 1948 Kauppakamari
International Commercial Arbitration: Issues of Arbitrability and Execution of Arbitral Acts
11. International Commercial Arbitration: Issues of Arbitrability and Execution of Arbitral Acts, 18 May 2012
Views: 2657 SpbLegalForum
The Law of Investment Treaties
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: 495 Phillip Taylor
International Arbitration and the Courts: Pepperdine Law Review 2015 - Part 2
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: 898 Pepperdine Law
19th Annual Rubin Symposium: The Role of Arbitrators in International Arbitration
19th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium The Function of Judges and Arbitrators in International Law Thursday, October 24, 2013 Panel Three: Lawmakers or Dispute Settlers? The Role of Arbitrators in International Arbitration Moderator: Donald Donovan Partner, Debevoise & Plimpton LLP; President, American Society of International Law Andrea Bjorklund L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law Franco Ferrari Professor of Law, New York University School of Law, and Director, Center for Transnational Litigation and Commercial Law Brian King Partner, Freshfields Bruckhaus Deringer LLP
Views: 1686 NYU School of Law
35th Annual Joint Colloquium on International Arbitration: Compliance and Enforcement of Awards
Since 1983, the International Centre for Settlement of Investment Disputes (ICSID), the ICC International Court of Arbitration, and the International Centre for Dispute Resolution (ICDR) annually co-sponsor a joint colloquium that covers significant topics in international arbitration. The 35th Annual Joint Colloquium on International Arbitration was hosted by ICSID in Washington, D.C., on December 7, 2018. In this session, experts shared their experiences with compliance and enforcement of arbitral awards, and the challenges faced in enforcing awards in different fora and legal contexts.
International Investment Law: Section D - The case-law on the treatment of foreign investment.
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: 1223 PGLawsUoL
TDM 1 (2017)
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
FDI Moot final 2015
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: 16810 KCL Law
ICSID Reform Process
Meg Kinnear (Secretary-General of ICSID) on the Reform of ICSID at UNCTAD's High-level IIA Conference, 9-11 October, 2017
Views: 439 UNCTAD Investment
Human Rights in Business : International Arbitration
Hitzaldiak 2015eko otsailaren 20an izan ziren San Telmo Museoan “Europar elkarrizketak” zikloaren barnean. Parte-hartzaileak Katerina Yiannibas, Brooks Daly, María Herrero eta Catherine Kessedjian izan ziren. https://www.santelmomuseoa.eus #Humanrightsinbusiness #EuropaSTM #Europarelkarrizketak #Europeandialogues #GizaeskubideakSTM #ErronkakSTM #SanTelmoMuseoa #Katerina Yiannibas #BrooksDaly #MariaHerrero #CatherineKessedjian
Views: 91 San Telmo Museoa
Predictability versus Flexibility: Secrecy in International Investment Arbitration
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.
Unlawful Laws: How far can arbitrators go?
Speaker(s): Professor Pierre Mayer, Professor Jan Paulsson Chair: Johnny Veeder QC Recorded on 23 May 2012 in New Theatre, East Building. The 3rd LSE Arbitration Debate will confront Pierre Mayer and Jan Paulsson over the question whether international arbitrators can consider some otherwise applicable laws to be unlawful , as argued by Paulsson in his 2009 Lalive lecture and challenged by Mayer in an article in the Revue de l'arbitrage. Pierre Mayer is Professor of Private International Law at the University Pantheo Sorbonne - Paris I and a partner at Dechert LLP in Paris. Jan Paulsson is the co-head of the international arbitration and public international law groups of Freshfields LLP. Johnny Veeder QC is a Barrister at Essex Court Chambers.
Eric De Brabandere on Investment Treaty Arbitration and Non-Investment Considerations
To watch the full lecture, please go to http://legal.un.org/avl/ls/De-Brabandere_IEL.html Mr. Eric De Brabandere, Associate Professor of Public International Law, Leiden University
Investment Arbitration as a means of Resolving Sovereign Debt Dispute - 9 Nov 2016
http://www.mpi.lu/news-and-events/max-planck-lecture-series/2016/max-planck-lecture-series-on-sovereign-debt/9-november-investment-arbitration-as-a-means-of-resolving-sovereign-debt-dispute/ In the absence of formal mechanism for sovereign debt restructuring, sovereign creditors are increasingly turning to investment arbitration to resolve sovereign debt disputes. Whether investment arbitration is an appropriate forum to resolve sovereign debt disputes will, inter alia, be addressed. The lecture will also explore the overall role of investment arbitration in sovereign debt crises. Lecturer: Dr. Michael Waibel (Cambridge University) Discussant: Prof. Rodrigo Olivares-Caminal (Queen Mary University of London)