The Supreme Court has arrived at what almost all arbitration practitioners and clients will view as the right result in the strange episode of Jivraj v Hashwani. The Supreme Court has unanimously…
The scope of Most Favoured Nation (MFN) clauses in bilateral investment treaties (BITs) has been a source of rich debate for many years. In sum, the debate centres around whether MFN "treatment"…
Last week’s summer quiz on international arbitration and mediation provoked a happy flurry of answers from around the world from a broad range of practitioners. Before we get to the answers, here are…
Toby Landau gave the keynote address at the recent ITA Workshop in Dallas and, as always, he was entertaining and provocative. One of the central themes of his discussion was how arbitration counsel…
If you live or work somewhere in the northern half of the planet, odds are that at some point this summer you’ll find yourself on a beach, cityscape, mountain, or other scenic destination surrounded…
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal withdrawn after the…
On March 22, the United States Court of Appeals for the Second Circuit held in Bechtel do Brasil Construções Ltda. v. UEG Araucária Ltda., 638 F.3d 150, that the question whether a claim subject to…
Last week I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars--Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Julian Ku, Davis Robinson,…
This post addresses the U.S. Supreme Court’s misadventures with class arbitration over the past decade. Those misadventures have resulted in striking confusion and waste of resources by litigants,…
This article provides a brief background on the provision allowing for non-disputing State Party participation under Chapter Ten of the Dominican Republic – Central America – United States Free Trade…
