Remedies

Arbitration, Contract Drafting, Contract Interpretation, ESG, Insurance, International arbitration, Investment Arbitration, Investment Disputes, Investment law, ISDS, Litigation, Remedies, Third party funding

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Environmental, Social and Governance (“ESG”) considerations have evolved from idealistic frameworks into binding legal, financial and reputational imperatives and responsibilities. Increasingly, international arbitration must grapple with the complex and often competing, or at times contradictory, demands that ESG compliance places on states, corporations and dispute resolution mechanisms. As set out below against an 80s soundtrack…

Fair and Equitable Treatment, Investment Arbitration, Remedies

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This post is concerned with the potential comparison between the fair and equitable (“FET”) standard and the rule against abuse of rights (“AR”), as regulated under municipal private law systems (mainly of continental origin).   A Fresh Take On FET Through the Prism of Comparative Law: A Role for AR? FET combines a wide array…

Damages, Non-pecuniary remedies, Remedies

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Institute for Transnational Arbitration (ITA)

The 35th Annual ITA Workshop on “Remedies in International Arbitration: Wielding Arbitral Power for Effective Redress” took place in Austin, Texas from 15 to 16 June 2023. Co-chaired by Dr. Diane A. Desierto (Professor, University of Notre Dame Law School), Rachael D. Kent (Partner, WilmerHale, Washington, D.C.), and Thomas Voisin (Partner, Quinn Emanuel Urquhart &…