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Marcel Alberge Ribas  (M.A. Ribas Law Firm)
Brazilian Courts and Arbitration: Injunction in Review
June 29, 2010

Less than two weeks before arbitration practitioners’ eyes turned to Rio de Janeiro for the ICCA Congress 2010, a court from that same jurisdiction rendered a decision improving case law on important…

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Andrew Newcombe  (University of Victoria Faculty of Law)
20 Years of Investment Treaty Jurisprudence
June 27, 2010

27 June 2010 marks the 20th anniversary of investment treaty jurisprudence.  On 27 June 1990, the tribunal in Asian Agricultural Products Ltd. v. Sri Lanka (ICSID Case No. ARB/87/3) (AAPL) dispatched…

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Gary B. Born  (Wilmer Cutler Pickering Hale and Dorr LLP)
Oklahoma’s “Save Our State Amendment” and Related Legislative Developments in the United States
June 25, 2010

Recent legislative developments in Oklahoma, and a few other U.S. states, reflect a growing mistrust of international and foreign law and legal systems. These proposed statutes and constitutional…

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David Gantz  (University of Arizona James E. Rogers College of Law)
Will U.S. Lack of Consensus on Investment Protection Slow the TPP Negotiations?
June 25, 2010

By the end of the second round of negotiations on the Trans-Pacific Partnership (TPP) in San Francisco June 14-18 some observers were concerned that the lack of inter-agency consensus on the…

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Paul Friedland  (White & Case LLP)
The Impact of Stolt-Nielsen on Drafting Arbitration Clauses
June 25, 2010

The United States’ Supreme Court opinion in Stolt-Nielsen S.A. v. Animalfeeds International Corp. has already been the focus of much discussion in both U.S. and international arbitration circles.…

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Sophie Lamb  (Debevoise & Plimpton LLP)
There’s Life In The Anti-Suit Yet
June 24, 2010

Having had their wings clipped by the European Court of Justice in West Tankers, the English courts have recently confirmed that there is life in the anti-suit injunction yet. In AES UST-Kamenogorsk…

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Luke Eric Peterson  (Investment Arbitration Reporter)
Land Reform and Investment Arbitration in Southern Africa
June 23, 2010

I spent some time in Namibia and South Africa last December looking into the impact of bilateral investment treaties on land reform. I don’t do a lot of field trips, and my wife harboured some…

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Panagiotis Drakopoulos  (Drakopoulos Law Firm)
Enforceability of Foreign Arbitral Award in the Greece: An Enlightening Supreme Court Decision
June 15, 2010

An interesting issue regarding the enforceability of foreign arbitral awards, in relation to the provisions of the New York Convention of 1958 and its alleged conflict with domestic Greek Civil Code…

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Roger Alford  (Notre Dame Law School; U.S. Department of Justice)
England vs. United States
June 12, 2010

The beauty of the World Cup, and especially this game, is that it's a marvelous opportunity to demonstrate one small piece of lingering English superiority. This "showdown" between England … is in…

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Gary B. Born  (Wilmer Cutler Pickering Hale and Dorr LLP)
More Uncertainty about § 1782’s Extension to International Arbitral Proceedings
June 11, 2010

In the past year, there have been several posts (here , here, and here) on the applicability of 28 U.S.C. § 1782 to international arbitration and on the issuance of conflicting judicial opinions on…

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