I spent some time in Namibia and South Africa last December looking into the impact of bilateral investment treaties on land reform.
I don’t do a lot of field trips, and my wife harboured some…
The preliminary hearings in the Pacific Rim v. El Salvador CAFTA arbitration went off without a hitch at the start of this week.
I’d like to report that I hung on every word via the live webcast that…
UNCTAD's most recent note on investment treaty arbitration (Latest Developments in Investor-State Dispute Settlement, IIA Issues Note No. 1 (2010)) provides a useful overview of the growth in…
At the recent Northwestern Law School conference on the Israeli-Arab Dispute and International Law I had the good fortune to address one of the few bright spots in current Arab-Israeli relations…
Yesterday a federal court in New York granted Chevron's request for discovery of outtakes from the 2009 documentary Crude about the multi-billion dollar litigation in Ecuador. Chevron's request was…
Until very recently, the issue of moral damages had arisen in only a handful of investor-State disputes. However in 2008 and 2009 alone, no less than five arbitration awards discussed the issue…
King Solomon might have split the baby had he not realised the identity of its parent in time. Judges and arbitrators - some 3,000 years later - might be quicker to identify a company's real group…
I spent yesterday at a Georgetown Law School conference on transparency and international arbitration. Ostensibly focused on arbitration writ large, the event tended to zero in on investor-state…
The principle of good faith arises in investment treaty arbitrations in various contexts. Tribunals, of course, regularly refer to Article 31(1) of the Vienna Convention for the rule that treaties…
