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Nikos Lavranos (HHP Chambers)
After Philip Morris II: The “regulatory chill” argument failed – yet again
August 18, 2016

The two Philip Morris cases involving restrictions on the presentation and sale of cigarettes through plain packaging measures has been used by anti-ISDS groups as the prime example for creating the…

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Catherine H. Gibson
"Essential Security" for the United States in TPP and Beyond
December 22, 2015

by Catherine H. Gibson (Assistant Editor for North America) The Trans-Pacific Partnership (TPP) Agreement (official text here) is one in a series of significant investment agreements that the United…

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Nahila Cortes (BakerHostetler)
Indirect Expropriation under the TPP: A New Frontier for the Right of States to Regulate?
December 20, 2015

by Nahila Cortes, American University Washington College of Law Much is being said about the Trans-Pacific Partnership Agreement (“TPP”), the landmark free trade agreement signed by twelve States…

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Esmé Shirlow (Australian National University)
Recent Developments in Australia’s Approach to Confidentiality and Transparency in International Arbitration
December 19, 2015

by Esmé Shirlow (Assistant Editor for Australia & New Zealand)   Gabriele Ruscalla has recently observed that "transparency has become a fundamental principle in international adjudication…

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Michael McIlwrath (MDisputes)
Breaking Arbitration's 5-Minute Barrier: from the Archives
August 26, 2015

Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are…

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Esmé Shirlow (Australian National University)
Weighing in on the Debate about the Future of ISDS in Australia: the Productivity Commission's 18th Trade and Assistance Review
July 09, 2015

On 24 June 2015, the Australian Productivity Commission released its eighteenth Trade and Assistance Review 2013-14. The Commission is an independent research and advisory body, with statutory…

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Edwina Kwan (King & Wood Mallesons) for HSF Kramer
Australia’s Conflicting Approach to ISDS: Where to From Here?
June 04, 2015

Keeping abreast of Australia’s stance on ISDS can be a confusing exercise. Australia’s approach to investor-state dispute settlement (ISDS) continues to be hotly debated in the wake of recent…

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Esmé Shirlow (Australian National University)
What is an Arbitration, and Does it Really Matter? (An Australian Perspective)
February 19, 2015

The question of what constitutes an “arbitration” is unlikely to be one that arbitral practitioners have cause to ponder on a daily basis. In fact, such a question might appear at first to be purely…

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Bronwyn Lincoln (Herbert Smith Freehills LLP) for HSF Kramer
New arbitration rules for the Victorian Supreme Court – another step in the State’s commitment to international commercial arbitration
January 16, 2015

This article is published as a result of the cooperation agreement between  Kluwer Arbitration Blog and ArbitralWomen.  The views expressed in this article are those of the author alone and should…

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Luke Nottage (University of Sydney & Williams Trade Law)
The “Anti-ISDS Bill” before the Australian Senate
August 27, 2014

Indonesia is not the only Asia-Pacific nation that is reassessing investment treaties containing provisions on Investor-State Dispute Settlement (ISDS, especially arbitration). India announced a…

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