Some of the readers of this blog may have missed the Ninth Circuit’s recent decision in Cape Flattery Ltd. v. Titan Maritime LLC, 647 F.3d 914 (9th Cir. 2011)---in which the court addressed the…
Two things are currently unfolding in Africa: significant economic progress and profound political transformation. On the economic front, in the last decade, Africa has been one of the fastest…
Is the international litigation gaining strength over international arbitration? Is it true that in-house counsel would rather fight it out in the courts of the country versus dealing with…
In an emergency, swift and effective action is required. Yet in international arbitration proceedings, it can take weeks or months to constitute an arbitral tribunal. What options, then, are open…
One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different…
Even when I think I know what I’m doing (be it self-confidence or self-deception), I still find checklists can be useful. Sometimes they can help validate or compare processes with others, but mostly…
At the time the General Assembly of the United Nations was deciding to include in the agenda of its fifty-sixth session the text of the Draft Articles on Responsibility of States for…
If it isn’t pleaded, you can’t consider it. That in a nutshell appears to be the holding established recently by the Singapore High Court in Kempinski Hotels SA v PT Prima International Development […
A few years ago, stabilization clauses in investment contracts became the subject of increased attention by human rights and development groups. A report on Stabilization Clauses and Human Rights,…
I am pleased to introduce Annalise Nelson as the new Assistant Editor for Kluwer Arbitration Blog. Annalise has a B.A. from Harvard College, a J.D. from University of Virginia and a Masters in Law…
