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2015 ITA Arbitral Award Enforcement Survey

In connection with the upcoming 2015 ITA Workshop in Dallas on June 17-19, we are now conducting a survey on the experiences of arbitration practitioners with enforceability of arbitral awards. We write to invite your participation.

As you may recall, last year we launched the 2014 ITA Survey on the Enforcement of Arbitral Awards, and presented our results in Dallas in June 2014. While there were many critical and thought-provoking findings from that trial run, we have updated that survey to make the data captured this year even more useful for practitioners.

Our hope is to maximize the value of the survey by obtaining responses from a broad range of practitioners within the international ar [...]

Upholding Delocalized Enforcement of ICSID Awards

In Mobil Cerro Negro, Ltd., et al v. Bolivarian Republic of Venezuela, a New York federal district court rejected Venezuela’s sovereign immunity challenge and upheld use of an ex parte procedure available under New York law to convert an ICSID award into a U.S. court judgment. The decision highlights the delocalized nature of ICSID awards and illustrates how ICSID award creditors are increasingly resorting to judicial enforcement. The decision also promotes New York’s reputation as a creditor-friendly jurisdiction at a time of controversy in Europe over the consistency of an intra-EU ICSID award with EU policy.

Typically, enforcement of an arbitration award against a foreign state is sub [...]

Conflating Politics and Development?

The University of Virginia’s Spring 2014 symposium focused on the topic of international development. One panel focused on the role of international politics in the context of international dispute settlement. With the mandate to examine elements related to both politics and development, I was asked to explore outcomes in investment treaty arbitration (ITA) as a function of these twin variables. My recent article, published in the Virginia Journal of International Law, focuses on this intersection.

Recognizing that debates about ITA are reaching the mainstream in venues including The Economist, Wall Street Journal, New York Times, dueling editorials in the Washington Post, and even Joh [...]

A Question of Democracy: The German Debate on International Investment Law.

Germany’s position on international investment law and investor-State arbitration is attracting increasing attention since the signing of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) in September 2014 has been deferred, inter alia, because of opposition from Sigmar Gabriel, Germany’s Federal Minister for Economic Affairs and Energy. Is Germany, the country that not only has concluded the first bilateral investment treaty (BIT) in 1959 but also has the densest network of BITs worldwide, as some fear, joining the coalition of critics in fundamentally reversing its international investment policy?

Mounting Criticism of International Investment Law in Germany in Context

A [...]

Introducing Litigating International Investment Disputes – A Practitioner’s Guide

I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide.

International investment arbitration is increasingly complex and specialized, and this book seeks to guide new and experienced practitioners through the workings and details of international investment arbitration proceedings – from whether and how to initiate arbitral proceedings to the unique features of selecting arbitrators, how to draft written submissions and conduct oral proceedings, and issues related to the enforcement of an award and available post-award remedies.

Indeed, recent decisions have underscored the impor [...]

A Recent Survey of Experienced U.S. Arbitrators Highlights Areas for Further International Study and Discussion

In 2013, an extensive survey of experienced commercial arbitrators in the U.S. was conducted by the Straus Institute for Dispute Resolution with the cooperation of the College of Commercial Arbitrators (CCA), an organization of more than two hundred of the most experienced arbitrators in the U.S. The Survey provides considerable new data on arbitrators’ experiences, practices and perspectives.

Of course, canvasses of personal attitudes and experiences must be regarded with appropriate circumspection. Respondents may exaggerate levels of experience and skew answers to embrace norms perceived as “correct.” Lack of time or multi-tasking may undercut the accuracy or thoughtfulness of [...]

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