The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your…
One often maps the path of history as the sordid account of one bloody war after another. But if one were to mark history by the great moments of peace, then the modern era began at 2:00 p.m. on May 18, 1899. From across the globe, representatives of the world’s most powerful nations gathered for…
At Kluwer Arbitration Blog, December is the month to thank our readers, collaborators and editors for their tremendous support. We come at the end of a year of challenges and renewed hopes, for a 2022 where we can meet in person and celebrate our achievements. We would like to express our gratitude for your contributions…
In December of each year we take a moment to thank our readers, collaborators and editors for their tremendous support. This year is special. As we come at the end of a year of challenges, but also of opportunities, we express our gratitude for being part of an amazing community and for being able to…
It has now become a tradition that in December of each year, Kluwer Arbitration Blog offers you several posts with a retrospective of the year in specific regions and fields. We also take this opportunity to present ourselves and thank you for your immense support, as readers and contributors. Entering a New Year has also…
It is a pleasure to return as General Editor of the Kluwer Arbitration blog after two years serving as Deputy Assistant Attorney General for the Antitrust Division of the Department of Justice (the “DOJ”). For those interested in learning about my experience at the DOJ, a brief summary is available here. My congratulations and thanks…
On May 30, 2017, Volterra Fietta and the University of Notre Dame hosted a debate of whether foreign investors can sue the United Kingdom for a hard Brexit. The recorded video is now available for viewing. Markus Burgstaller and I presented the case that foreign investors may have viable claims against the UK, while Jeremy…
Here in London, it seems there is no end to the number of Brexit conferences one may attend. But as far as I know, there has yet to be one addressing the question of whether Brexit may give rise to viable investment arbitration claims against the United Kingdom. So on May 30, 2017 the University…
Last month I was privileged to organize a conference at the University of Notre Dame’s London Global Gateway on the topic of UK trade and Brexit. The conference had three sessions: (1) UK trade negotiations with the EU; (2) UK trade negotiations outside the EU; and (3) UK’s post-Brexit status within the WTO. You can…
The topic of Brexit is front-page news around the world, but there is a noticeable absence of expert commentary on its implications for the world of international arbitration. Accordingly, the Editors at Kluwer Arbitration Blog welcome the submission of guest posts on the topic of Brexit and international arbitration. Topics might include London as a…
Negotiations over the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) have highlighted the growing debate over investment arbitration. Last week the New York Times published an article summarizing objections to the TPP investment chapter. The article notes that politicians, law professors and liberal activists “have expressed fears the provisions would infringe…
We are pleased to announce that ICSID Secretary-General Meg Kinnear will be presenting a lecture on the “Next Generation of Investment Treaties and Their Impact on Investor-Dispute Settlement,” today (February 12) from 5:00 to 7:00 pm Eastern here at Kluwer Arbitration blog. You can watch the recorded presentation here. The event is sponsored by Notre…
I am writing to announce an opening for the position of Associate Editor for the Kluwer Arbitration Blog. The Associate Editor will report directly to me and work closely with the Kluwer team and Crina Baltag, our other Associate Editor. The essential duties of the Associate Editor are (1) collecting, editing and reviewing guest submissions…
Thank you to everyone who has participated in our Survey on the Enforcement of International Arbitration Awards in China. We have been gratified at the strong number of responses. We wanted to remind anyone who has not yet had a chance to fill out the survey that we will be closing the survey to new…
In keeping with our tradition of surveying readers on key developments in international arbitration, we invite readers with experience in mainland China to fill out our survey on the enforcement of international arbitration awards in China. Julian Ku, Bei Xiao and I have been studying this topic for several months now, and we note the…
In keeping with our tradition of surveying readers on key developments in international arbitration, we invite readers with experience in mainland China to fill out our survey on the enforcement of international arbitration awards in China. Julian Ku, Bei Xiao and I have been studying this topic for several months now, and we note the…
I would like to continue the theme of the emerging convergence of investment arbitration and international trade. In my previous posts (see here and here) I discussed the prospect of using trade remedies to enforce investment arbitration awards. Another key example of convergence addresses the emerging trend of relying on investment arbitration to enforce international…
Three Crowns announced its official launch scheduled for Monday, April 7th, with offices in London, Washington DC and Paris. With the official launch just a few days away, Roger Alford caught up with Luke Sobota, one of Three Crowns six founding partners. Roger – Why did you leave your prior firms and create your own…
Simon Lester has a thoughtful response to my earlier post about using trade remedies to enforce arbitration awards. He questions whether conditioning GSP benefits on compliance with arbitration awards is consistent with WTO obligations. My answer is essentially yes. Because there are so many issues at play, I thought it best to respond in a…
As I discuss in a recent article published in the Santa Clara Journal of International Law, one of the most significant developments signaling the convergence of trade and arbitration is the use of trade remedies to enforce arbitration awards. This is done primarily when a developed country threatens to remove preferential trade benefits to a…
As reported yesterday, the recent tragedies in Bangladesh factories have resulted in a major breakthrough with the signing of the Accord on Fire and Building Safety in Bangladesh. Thus far, leading retailers such as H&M, Marks & Spencer, Tesco, Sainsbury’s, Benetton, and Calvin Klein are on board. Notably absent from the list are leading U.S….
This week 170 garment workers in Bangladesh died after the Rana Plaza building collapsed. A few months ago 112 garment workers in Bangladesh died after the Tazreen Fashions garment factory was destroyed by fire. Both tragedies were the result of inadequate fire and safety standards. These tragedies could not have come at a worst time…
Gary Born’s latest addition to the international arbitration literature, International Arbitration: Law and Practice, is a nice bookend to his magisterial two-volume work on the same subject. Rather than simply condense his 3,000 page tome into a 500-page summary, he has done something completely different: offer a concise, ready-reference, black-letter guide to international arbitration. The…
I have posted on SSRN my latest article, “Ancillary Discovery to Prove Denial of Justice” just published in the Virginia Journal of International Law. It analyzes Section 1782 discovery proceedings in the context of BIT arbitration and argues that there is now uniform agreement among federal courts that investment arbitration panels are “international tribunals” within…
