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Luke Nottage (University of Sydney & Williams Trade Law)
Are US Investors Exceptionally Litigious with ISDS Claims?
November 14, 2016

Critics of the TPP, and ISDS protections more generally, have often argued that a particular concern is that the US is not only a large source of FDI, but that it is ‘the nation whose corporations…

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Catherine H. Gibson
Delayed Ratification, TPP, and the United States
October 20, 2016

In the United States, approval prospects may appear bleak for the Trans-Pacific Partnership  Agreement (“TPP”) – at least at present. The current political climate appears generally negative on trade…

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Ryan Cable
In Search of Permanent Maritime Boundaries: Timor-Leste Commences First Ever Compulsory Conciliation under UNCLOS
October 04, 2016

On 11 April 2016, the Democratic Republic of Timor-Leste (“Timor-Leste”) commenced the first ever compulsory conciliation proceedings under Annex V, section 2 of the United Nations Convention on the…

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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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