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Lisa Bench Nieuwveld (Conway & Partners)
Third Party Funding – Investment of the Future?
November 01, 2011

Third party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing necessary for an…

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Anonymous
The Employer-Contractor Debate: The Best Way to Resolve Conflicts
October 31, 2011

It gives me great pleasure to announce that the publishers of this blog and Kluwer Arbitration are hosting their first Webinar designed for corporate counsel on Wednesday 9th November (4pm Central…

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Andrew Newcombe (University of Victoria Faculty of Law)
Mass Claims and the distinction between jurisdiction and admissibility
October 25, 2011

In its 4 August 2011 Decision on Jurisdiction and Admissibility, the majority of the Tribunal in Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic…

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Jennifer Hartzler (Herbert Smith Freehills LLP) for HSF Kramer
Cargill – Another Chapter in the Legacy of Dallah
October 24, 2011

As we approach the first anniversary of the UK Supreme Court's landmark decision in the case of Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan,…

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Luke Eric Peterson (Investment Arbitration Reporter)
The Pyramid Enforcement Scheme
October 22, 2011

Recent reports of the freezing of Russian government funds at the Stockholm Arbitration Institute may be premature, but it still remains possible that a Swedish bailiff could move to seize such funds…

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Sarah Ganz (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Weighing the interests of host-state and investor -- a further blow to domestic litigation provisions in BITs?
October 21, 2011

In August 2011, the tribunal in Abaclat and others v Argentina decided (by a majority) that it had jurisdiction over claims brought by approximately 60,000 Italian investors, and that the claims were…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
The Implications of Chevron v. Ecuador for Investor-State Arbitration
October 21, 2011

On Monday, October 24, I'll be participating in a panel discussion at NYU on the The Implications of Chevron v. Ecuador for Investor-State Arbitration. The event will be held at 6 p.m. at Furman…

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Julian Davis Mortenson (University of Michigan Law School) for Institute for Transnational Arbitration (ITA)
The Domain of Investment Law: Drafting the Convention (Part 2)
October 19, 2011

My previous post described years of apparently intractable debate between two opposing camps of international lawyers about what kinds of economic activity should get international investment…

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Julian Davis Mortenson (University of Michigan Law School) for Institute for Transnational Arbitration (ITA)
The Domain of Investment Law: Drafting the Convention (Part 1)
October 18, 2011

My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article to argue that this…

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Julian Davis Mortenson (University of Michigan Law School) for Institute for Transnational Arbitration (ITA)
The Domain of Investment Law: What is an Investment?
October 13, 2011

Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…

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