My former Pepperdine colleague, Kathryn Lee Boyd, has just filed a fascinating complaint relating to the distribution of funds secured by a treaty between the United States and Libya on behalf of U.S…
The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could "reverse preempt" the New York Convention. As any student of international arbitration knows,…
This week the good folks at Kluwer have launched a new blog, Kluwer Construction Blog. According to the press release,
Managing Editor of the blog, Sarah Thomas, partner and international projects…
My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97 million Nicaraguan judgment. Here's the…
International arbitration is an odd world of the elite and pampered celebrities and the quiet and unassuming masses. On the one hand there is the glamorous world of investment arbitration. She may…
The recent ICSID arbitration award in Europe Cement Investment & Trade S.A. v. Turkey raise interesting questions of how to regulate fraud in international arbitration. Here is the key holding of the…
I have been reading with interest the ILA's Final Report and Recommendation on Res Judicata and Arbitration adopted at the 2006 Toronto conference. Recommendation 2 provides that:
The conclusive and…
As international arbitration becomes ever more sophisticated and complex, one wonders whether it will continue to have the institutional capacity to address its protean tasks. Claims in the billions…
In submitting his instructions to the American delegation attending the 1907 Second Hague Conference, Secretary of State Elihu Root argued that the Permanent Court of Arbitration system needed…