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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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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Bribery and an Arbitrator's Task
October 11, 2011

Adjudicating contract disputes where it is alleged that the contract has been tainted by bribery, either in its procurement or in its performance, presents difficult issues for arbitrators, as well…

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Richard Power (Clyde & Co.) for Clyde & Co.
Briefing note on ICC Rule changes
October 06, 2011

Amendment to the International Chamber of Commerce Rules of International Arbitration The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Arbitral Institutions under Scrutiny
October 05, 2011

The ASA seminar on “Arbitral Institutions under Scrutiny” on 9 September in Zurich yielded some interesting insight in the practice of arbitration institutions, and views of well-known practitioners…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
BIT Provisions That are Self-Executing But Do Not Confer a Private Right of Action
September 30, 2011

Luke Peterson passed along a tip about this interesting declaration attached to the U.S.-Rwanda Bilateral Investment Treaty: Articles 3 through 10 and other provisions that qualify or create…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
CIArb Publishes Cost Survey
September 29, 2011

The CIArb's Survey into the Costs of International Arbitration has now been published. It's a fascinating survey worthy of study and discussion. Here's a brief summary of some of the findings: "…

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Mike McClure (Herbert Smith Freehills LLP) for HSF Kramer
An unlikely mix – the Russian courts, a French cement company, and the 1961 European Convention on International Commercial Arbitration
September 28, 2011

In 1961, three years after the adoption of the New York Convention, the European Convention on International Commercial Arbitration was adopted in Geneva (the Geneva Convention). At the time, the…

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