I have always found the submission of expert legal opinions on matters of international law to investment treaty tribunals rather odd. Why are expert opinions needed and what is their status? To…
We've been asked by Kluwer to say a few words about our new book, International Arbitration and Mediation: A Practical Guide. Before explaining what we tried to accomplish, it may be worth noting…
Several years ago, three United States Courts of Appeal contemporaneously dismissed actions to enforce foreign arbitral awards for lack of personal jurisdiction, a development that provoked…
In the long-running battle between Chevron and Ecuador over environmental damage, a federal court in New York has denied Ecuador's motion to stay arbitration of a Ecuador-U.S. BIT claim. In…
Does a blind law professor intend to destroy the benefits of the New York Convention? Reading the post of Alexis Mourre, I was wondering whether I should react to it, as the post refers to my opinion…
Following the flurry of arbitrations initiated by investors against Argentina based upon Argentine government actions during that country’s 2001-2002 economic crisis, one might have expected the U.S…
In post-Soviet time Russian courts have already developed quite a vast practice of recognition and enforcement of international arbitral awards. One can even already fetch out some trends in such…
As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008…
Earlier I discussed a possible response to a Respondent’s tactical approach to refuse to pay an advance on costs, referring to a previous article I published. This post invited a reaction from…
Professor Hess is the author of the chapter of the Heidelberg Report on the interplay between arbitration and the Regulation 44/2001 (“the Regulation”). As such, and quite understandably, he actively…
