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  • Title: Philip Morris puts Australia on notice of treaty claim, but both parties decline to release documents; claim over tobacco regulations would be third treaty-based investor-state claim filed by Philip Morris since 2010 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: You are here:.. Philip Morris puts Australia on notice of treaty claim, but both parties decline to release documents; claim over tobacco regulations would be third treaty-based investor-state claim filed by Philip Morris since 2010.. publication date:.. Jun 30, 2011.. Previous.. |.. Next..  .. By Luke Eric Peterson.. (Editor's Note: Following a media request, we've made this article viewable to the wider public.. After months of sabre-rattling, a Hong-Kong unit of the Philip Morris tobacco company has put the government of Australia on notice of a potential international arbitration over plans to introduce plain-packaging requirements for tobacco products.. The legal development was first reported by the newspaper.. The Australian.. on Monday June 26th, and found its way onto North American news wires on late Sunday the 25th.. has since learned that Philip Morris Asia has served Australia with both a Notice of Dispute which sets in motion a 3 month waiting period under the Hong Kong-Australia bilateral investment treaty and a Notice of Claim which sets out more detailed legal arguments which could be deployed in arbitration.. The company has threatened to pursue formal arbitration, under the 2010 UNCITRAL rules, if changes are not made to draft legislation currently being debated in Australia.. At the heart of the company s claim, and a similar arbitration ongoing against the Republic of Uruguay*, are concerns that plain packaging rules destroy the value of trademarks and other branding, thus reducing tobacco products to undifferentiated commodities.. As we reported last year, Philip Morris is also pursuing a claim against Norway pursuant to the European  ...   face well-founded claims running into the Billions of Dollars.. *** It is unclear from the press release whether Prof.. Wallace would serve as co-counsel or an expert in any arbitration.. A trade publication,.. Lawyers Weekly.. , reported on June 8th that the Australian law firm Allens Arthur Robinson are representing Philip Morris in its opposition to the plain packaging proposals in Australia.. Meanwhile, New Zealand lawyer David A.. R.. Williams had not replied at press time to an email request for comment on his relationship to the Philip Morris claim.. Mr.. Williams s investment treaty practice had focussed exclusively in recent years on appointments as arbitrator, however IAReporter reported in December of last year that he was known to be giving advice to an unnamed claimant on a potential treaty-based claim.. ****.. As we.. report elsewhere.. , Mr.. Williams was nominated this month to sit as arbitrator in another ICSID case, Enron v.. * For more on the Philip Morris v.. Uruguay case, see this report:.. http://www.. iareporter.. com/articles/20110330.. ** Our report on the Norway claim is here:.. com/articles/20100319_5.. *** The press release announcing the potential claim and quoting Prof.. Wallace is here:.. pmi.. com/eng/media_center/press_releases/pages/PM_Asia_plain_packaging.. aspx.. **** See our reference to Mr.. Williams in this article from December, 2010:.. com/articles/20101217_9.. Investment Arbitration Reporter is a specialized news publication tracking developments in the area of international investment law and policy.. The publication does not offer legal or financial advice or recommendations of any kind.. To offer news-tips or comments, email the Editor, Luke Eric Peterson, at:.. editor@iareporter.. com.. Back to top..

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  • Title: Ecuador initiates unusual state-to-state arbitration against United States in bid to clarify scope of investment treaty obligation - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Ecuador initiates unusual state-to-state arbitration against United States in bid to clarify scope of investment treaty obligation.. Jul 4, 2011.. In an unusual move, the Republic of Ecuador has announced that it is initiating arbitration against the United States of America in an effort to clarify a controversial provision contained in a bilateral investment treaty between the two countries.. Ecuador s Procuraduria General Del Estado, a government agency that coordinates Ecuador s defence of investor-to-state arbitration claims, announced the arbitration in a statement today.. The decision to turn to state-to-state arbitration comes after Ecuador sent a diplomatic note to U.. Secretary of State Hilary Clinton on June 8, 2011, signalling Ecuador s disagreement with the erroneous interpretation adopted the previous year by an ad-hoc arbitral tribunal hearing a multi-million dollar commercial dispute between the Chevron corporation and Ecuador.. *.. Ecuador notified the U.. government that, if it did not agree with Ecuador s reading of the relevant treaty clause, then there was a treaty-interpretation dispute between the U.. and Ecuador that might need to be put to arbitration.. After having no substantive response from the U.. side, Ecuador s Procuraduria Del Estado announced that it filed a formal notice of arbitration on June 28, 2011, seeking adjudication of the interpretive dispute via the UNCITRAL procedural rules.. A copy of the arbitration request had not been released by either side at press time.. U.. officials were unavailable for comment in light of the July 4th holiday.. Treaty has been diplomatic sore-point, as claims mount.. In recent years, Ecuador has bridled at the string of arbitration claims to arise under the U.. -Ecuador bilateral investment treaty.. Indeed, after losing an earlier tax arbitration with U.. -based Occidental Petroleum, Ecuadorian officials, including the country s then Foreign Affairs Minister, publicly mused as to the need to terminate the treaty.. However, the bilateral pact has remained in place presumably due to U.. diplomatic entreaties -  ...   protected foreign investors against undue delay in local court systems, and this obligation might be more easily-breached than a standard claim for denial of justice under international law.. Arbitrators continue to grapple with the compensation owing to Chevron as a result of the earlier finding of treaty breach.. In the mean time, however, Ecuador has sought to set-aside the 2010 arbitral award in the Dutch courts including on the grounds that the arbitrators interpretation of Article II(7) was erroneous.. ***.. With the initiation of an arbitration with the United States, Ecuador has opened a second legal front in its battle to undermine the interpretation taken by arbitrators in their March, 2010 ruling in the Chevron dispute.. State-to-state proceedings under BITs are rare, but at least two others are documented.. Ecuador s decision to initiate state-to-state arbitration is an unusual gambit, but is reminiscent of an earlier short-lived arbitral proceeding initiated by the Republic of Peru against the Republic of Chile in 2003.. Peru brought that arbitration claim in response to an earlier-initiated investor-state claim brought by the Chilean investor, Lucchetti, against Peru.. The state-to-state arbitration was ostensibly designed to resolve a disagreement between Peru and Chile as to the proper interpretation of the Peru-Chile bilateral investment treaty.. However, the state-to-state arbitration appears to have been abandoned after arbitrators in the separate Lucchetti v.. Peru investor-state case declined to suspend their own proceedings so that the state-to-state proceeding could be pursued.. , a different type of state-to-state arbitration was initiated pursuant to a bilateral investment treaty in 2003, when Italy espoused various investor claims in a dispute with Cuba.. * For our reporting on the March, 2010 arbitral ruling that drew Ecuador's ire, see this link:.. com/articles/20100331.. ** The more famous Chevron v.. Ecuador case is the still-pending arbitration over environmental liability.. See our recent question answer feature on that case:.. com/articles/20110517_2.. *** For background on Ecuador's set-aside effort, see this link:.. com/articles/20100818_2..

    Original link path: /articles/20110704_4
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  • Title: Foreign investors withdraw request that arbitrators order government to reinstate certain incentives; as final award looms, arbitrators tell state officials to give two months notice before assets are seized in tax dispute - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Foreign investors withdraw request that arbitrators order government to reinstate certain incentives; as final award looms, arbitrators tell state officials to give two months notice before assets are seized in tax dispute.. Jul 7, 2011.. Inquiries by.. reveal that a group of Swedish claimants suing the state of Romania have abandoned their request that arbitrators order Romania to reinstate certain earlier-offered investment incentives.. As previously reported, the pending arbitration at the International Centre for Settlement of Investment Disputes (ICSID) arises out of a series of steps taken by Romania which altered or withdrew certain investment incentives which had earlier been tendered to a group of Swedish investors so as to encourage investment in an economically-disadvantaged area of Romania.. Romania has stressed that some of the incentives including exemptions from customs duties and certain taxes for food processing and other manufacturing businesses, run contrary to European Union rules on so-called State Aid.. Thus, Romania has argued that it had to phase out such incentives as part of that country s run-up to joining the EU.. (Indeed, the European Commission has intervened in the ICSID arbitration in order to present its own arguments.. *).. In a 2009 jurisdictional decision in the case**, the arbitral tribunal ruled that it has the authority, both under the ICSID Convention and the Sweden-Romania bilateral investment treaty, to make orders of specific performance including to order the Romania state to take certain actions.. However, as the Micula case moves toward a final ruling with the parties having recently submitted their final legal briefs.. has learned that the claimants are no longer asking the tribunal to reinstate the various incentives at the heart of the case.. Instead, the claimants now seek financial compensation for the lost benefit of the relevant incentives.. Nevertheless, the earlier request for non-monetary relief continues to color the arbitration, including a recent decision that responds to an urgent request by the claimants for certain protective measures.. Tribunal has ordered Romania to give notice if it moves to seize assets.. In March of this year, the tribunal issued an (unpublished) decision on provisional measures, wherein it ordered Romania to give two months notice before moving to seal or force the sale of certain assets*** which have been seized as part of efforts to collect certain back-taxes owed by enterprises that are owned the claimants, Ioan Micula and Viorel Micula.. The Micula brothers turned to the tribunal in November of last year, urging the tribunal to block Romania from taking actions which might harm the companies or drive them into bankruptcy while the ICSID arbitration remains pending.. They added that the companies tax problems were a function of the withdrawal of investment incentives that underlay the ICSID arbitration.. For its part, Romania has insisted that the tax debts were not caused by the withdrawal of the investment incentives, but rather flow from the general business strategy of the claimants.. Thus, in legal terms, Romania questioned whether the claimants interest in avoiding Romanian tax enforcement was a right that was related to the ICSID claim (and susceptible to protection under Article 47 of the ICSID Convention).. Arbitrators took a broader view than Romania, and held that the rights susceptible of protection are not limited to those raised in the claimant s arbitral claims.. Indeed, in this context, the tribunal pointed to various self-standing procedural rights such as the right of due process which may be worthy of protection even though they are not part of the investor s claim.. The tribunal did stress that the rights at issue must be somehow related to the dispute in arbitration, but it hastened to add that forms of interim relief need not mirror the final relief sought by claimants.. This latter point seemed targeted at the fact that the Miculas have abandoned their earlier request for orders of specific performance and now seek only a final award of compensation.. In this context, the tribunal smiled upon the decision of a different arbitral tribunal in the Paushok v.. Mongolia arbitration to order interim relief designed to protect the financial viability of an investment as a going concern during the pendency of the arbitral proceedings.. (This interim relief, which obliged Mongolia to refrain from  ...   to any other tax collection measure having similar effect to the seal or forced sale of assets.. Related Articles:.. Poland liable for breach of Germany-Poland BIT; Arbitrators grappling with damages in UNCITRAL proceeding.. BRIEFLY NOTED: ICSID registers claim under US-Ukraine BIT in relation to poultry dispute.. Arbitrators order that (Bolivian) criminal proceedings be suspended.. Long-running dispute over bankrupt factory in Hungary leads to intra-EU BIT claim.. Chile moves to annul award in dispute over Pinochet-era expropriation of newspaper; separate revision process also running.. Arbitrator in treaty dispute challenged due to academic writings (Urbaser v.. Venezuelan cement industry nationalization to be arbitrated under investment treaty, but tribunal sides with Venezuela in ruling that domestic statute does not provide path to international arbitration.. Tribunal in Siag and Vecchi v.. Egypt case splits on allegations of fraud or impropriety.. BRIEFLY NOTED: CGE claim against Argentina discontinued at ICSID.. Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela.. Divided ICSID panel offers sharply divergent interpretations of treaty concluded by Slovenia and Croatia.. Tribunal constituted to hear Malicorp v.. Egypt case at ICSID; earlier contract arbitration may loom in case.. Arbitrators uphold jurisdiction over cellular telecoms concession dispute between Senegal and Dutch investors.. Investors in mining project put Slovakia on notice of treaty claim; claimant hope to use treaty that was subject to narrow reading in prior arbitration.. BRIEFLY NOTED: Austrian power company sues Macedonia for breach of Energy Charter Treaty.. ICSID panel interprets narrow-looking jurisdictional clause so as to permit arbitration over alleged expropriation (in Peru).. Details come to light of final ruling in German investor’s arbitration with Ghana; fraud allegations do not preclude jurisdiction, but could be relevant to merits.. Arbitrators in Kazakh case look dimly on investor’s document discovery bid in US courts; reminiscent of tribunal posture in El Salvador power arbitration.. Panels finalized in ICSID claims against Peru and Romania, and in Jordan annulment proceeding.. Arbitrators uphold jurisdiction over investor claim against Slovakia; dispute over health insurance investments not derailed by Slovak accession to the European Union.. Bangladesh courts overstepping supervisory role in ICC arbitration amounts to unlawful expropriation at ICSID.. Arbitrators to decline jurisdiction over $1 Billion arbitration claim by Dutch investor in Slovak health insurance sector.. BRIEFLY NOTED: Annulment sought in RSM v.. Grenada and Siag & Vecci v.. Egypt cases at ICSID.. Energy Charter claim against Ukraine moves forward quietly; tribunal picked in separate Bosh case at ICSID.. Tribunal in Bureau Veritas v.. Paraguay upholds broad potential reading of umbrella clause, but courts must weigh in.. ICSID sets a caseload record in 2011.. ANALYSIS: Does independence of judgment demand dissents in some cases?.. ICSID tribunal declines to suspend Repsol v.. Ecuador case, as parties pursue renegotiation of contract.. Georgian authorities arrest foreign investor on eve of ICSID hearing and charge him with corruption; Israeli businessman and Greek partner release text of $90 Million arbitration verdict against Georgia.. Another ICSID tribunal orders that Ecuador refrain from chasing foreign oil company for windfall tax payments.. Challenge rejected against arbitrator on basis of shared educational background.. Investor in Guatemala railway dispute outlines details of CAFTA claim.. Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes.. Majority sides with claimants in Siag and Vecchi case, and awards $74.. 5 Million for Egyptian seizure of resort land.. European Commission and member-states will meet to discuss whether BITs are needed within European Union.. Czech Republic announces another intra-EU arbitration victory in fight over golf resort.. E.. subsidiary of South African telecoms firm sues Yemen at ICSID; competitor firm pursues UNCITRAL claim against Yemen.. ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen.. ICSID tribunals picked in CEMEX v.. Venezuela and Deutsche Bank v.. Sri Lanka arbitrations.. ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina.. Efforts to set-aside intra-EU BIT award likely to be abandoned, as Czech government claims victory in arbitration.. Denmark and Czech Rep to terminate BIT; but not all EU members agree with Czech view that intra-EU BITs are unnecessary.. Argentine Government must post bond in order to challenge UNCITRAL awards.. ICSID Committee rejects effort to annul arbitral award in fisheries licensing dispute under Spain-Chile investment treaty..

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  • Title: ICSID to prepare “background paper” on annulment process, following request by Philippines; German investor criticizes effort by Philippines - Investment Arbitration Reporter (IAReporter)
    Descriptive info: ICSID to prepare “background paper” on annulment process, following request by Philippines; German investor criticizes effort by Philippines.. Oct 5, 2011.. (Editor's Note: This article is currently viewable without a subscription.. The Secretariat of the International Centre for Settlement of Investment Disputes (ICSID) will prepare a background paper on the workings of the ICSID annulment process, as a first step in meeting demands made by the Republic of the Philippines to the Centre s governing body.. As previously reported by.. , the Philippines took the unusual step of raising criticisms of the annulment process at a recent meeting of the ICSID s Administrative Council.. The Philippines had called for the creation of a task force of legal experts to analyze and prepare a report on the implementation of the ICSID annulment mechanism, and to propose possible improvements or guidelines.. Although the Philippines delegation spoke briefly at the recent annual meeting of the Administrative Council, the government s proposal was not put to a vote.. Instead, the initial outcome of the Administrative Council meeting has been a move by the ICSID Secretariat to prepare a background paper on the annulment process.. This paper will be presented to the members of the ICSID s Administrative Council at a future date.. ICSID Secretary-General Meg Kinnear, tells.. that any further steps remain up in the air:.. Once members have had the opportunity to reflect on that paper and to consult with relevant officials in their home jurisdiction, it will be for members to determine what next steps, if any, are appropriate.. German investor weighs in on Philippines criticism of annulment process.. While the Philippines has framed its proposals to the ICSID Administrative Council as a broader set of concerns about the overall working of the annulment system and the recent spate of awards that have been overturned - these criticisms have caught the eye of a  ...   he noted in comments to.. Nolan also characterizes the Philippines proposal to the ICSID Administrative Council as part of a broader campaign including public remarks and writing by legal counsel and experts - to discredit the 2010 annulment decision.. Nolan adds that there is a danger for the larger investor-state arbitration enterprise if the discussion on annulment is hijacked by those who have suffered a disappointment in an annulment proceeding.. The potential for the discussion to become distorted is especially great when the state party that has suffered a loss on annulment is a party to ongoing arbitral proceedings at the same time that it is petitioning the Administrative Council.. Counsel for the Philippines declined to comment on the criticisms voiced by Fraport.. State responses to unfavourable arbitration developments vary.. More generally, the tensions over the Philippines s proposal are reminiscent of other situations where host governments have responded to unfavourable arbitration developments with policy (or, in some cases) legal responses.. As we ve reported recently, the Republic of Ecuador has initiated a state-to-state arbitration against the United States, in an effort to force discussion of the proper interpretation of a treaty clause that figured prominently in a recent arbitration claim against Ecuador.. More frequently, state-parties to certain investment treaties have discussed whether a joint interpretive statement might be an appropriate response in the face of unusual or far-reaching interpretations given to a particular treaty obligation in the context of investor-state arbitration proceedings.. Indeed, we ve reported on one variant of this process which manifested itself in a recent domestic court challenge to a NAFTA Chapter 11 arbitral award.. * Our recent reporting on the Philippines proposal to the Administrative Council appears here:.. com/articles/20110920_2.. ** Our latest reporting on the Ecuador case is here:.. com/articles/20110905.. *** Our reporting on the intervention by the NAFTA state-parties in a recent court proceeding is here:.. com/articles/20111005..

    Original link path: /articles/20111005_1
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  • Title: IN-DEPTH: Tanzania’s handling of City Water deemed an expropriation; tribunal finds project was worthless by time of expropriation - Investment Arbitration Reporter (IAReporter)
    Descriptive info: IN-DEPTH: Tanzania’s handling of City Water deemed an expropriation; tribunal finds project was worthless by time of expropriation.. Jul 28, 2008.. By Luke Eric Peterson.. In the first arbitration claim known to have arisen under the UK-Tanzania investment treaty,an ICSID tribunal has held that Tanzania breached 4 different provisions of the treaty even as the investor s claims for damages were dismissed.. (For background on the case, see this.. accompanying report.. Notably, the tribunal held that Tanzania committed an expropriation of Biwater Gauff (Tanzania) Ltd.. s contractual rights to operate water and sewerage services in Dar es Salaam.. For its part, BGT had urged the tribunal to disregard the actual performance by each party under the contract.. On this view, the ultimate termination of the contract served to eclipse any of these contractual performance questions, leading to an inarguable act of expropriation.. Further, BGT objected to the summary manner in which this alleged expropriation was carried out.. In addition, BGT also alleged an expropriation had occurred by virtue of the subsequent move by the Tanzanian Government to physically occupy City Water s offices, usurp management control, and deport key executives.. The Government of Tanzania sought to rebut these claims by arguing that BGT, quite simply, had nothing to be expropriated.. Lawyers for the Republic argued that there were no rights of value by the time of the alleged expropriative acts in May-June 2005, as City Water was losing money at a precipitous (and certainly fatal) rate by the time of the alleged expropriation.. Tanzania seeks margin of appreciation in choosing its response to crisis.. In the ICSID proceeding, Tanzania urged that it be accorded a certain measure of appreciation i.. e.. deference when it came to the Government s handling of the situation.. In specific terms, Tanzania noted that the likely collapse of City Water could have threatened the supply of water and sewerage, and, hence, public health and welfare.. In the tribunal s recounting of Tanzania s position, it was argued that water and sanitation services are vitally important, and the Republic has more than a right to protect such services in case of a crisis: it has a moral and perhaps even a legal obligation to do so.. (The pleadings by the parties are not in the public domain, so the ambiguity with respect to whether Tanzania felt itself to be under a binding legal obligation to protect water services is not susceptible to further analysis here).. The request by Tanzania for a measure (or margin) of appreciation remains somewhat of an emerging line of argument by Governments in investment arbitration cases, but draws upon the deference which is customarily accorded to governments in certain other areas of international law (for e.. g.. human rights law) when it comes to determining the appropriate means of complying with their international obligations.. It is much rarer in the investment arbitration context at least to date for adjudicators to expressly grant such a measure of appreciation to governments.. Indeed, in the BGT case, the tribunal does not enter into a discussion as to the level of deference that might be owed to governments.. Rather, the tribunal took the view that there was no necessity or impending public purpose to justify the Government s intervention in the way that took place - thereby obviating any inquiry into the level of deference to be accorded to a government in such circumstances.. Expropriation breach found.. Ultimately, the tribunal would hold that several actions complained of by Tanzania had  ...   Discounted-Cash-Flow analysis (which would have assessed the future profits of the investment and the discounting of these to present net value) was not appropriate for purposes of calculating the fair market value of its investments.. Rather, the investor claimed for all of the various expenditures by BGT, as well as the opportunity costs of having made those investments.. Tanzania protested that BGT had tallied up every conceivable expenditure and then tacked on a 20-25% assumed return bearing little relationship to the reality of the investment.. According to the Government, fair market value is what an informed hypothetical willing buyer would pay for City Water s (worthless) investments.. Indeed, Tanzania insisted that the real cause of City Water s losses was not the actions taken by Tanzania, something which the tribunal held it was critical to investigate.. For its part, the tribunal noted that any claim for compensation would not succeed if there were not a sufficient causal link to the actual treaty breaches.. Ultimately, the tribunal was convinced that the poorly prepared and executed project was essentially worthless before the various treaty breaches were committed by Tanzania in May and June of 2005.. In a Separate Opinion, arbitrator Gary Born diverged from his colleagues Bernard Hanotiau and Toby Landau, in that he held that the majority s analysis confuses issues of causation, on the one hand, and quantification or quantum of damages, on the other.. While conceding that this distinction was not decisive on the facts of the case (i.. agreeing that City Water had no economic value at the time of the breaches), Mr.. Born contended it could be decisive in other cases.. On his analysis, an injury was clearly caused by the wrongful seizure of BGT s assets, and international law demands that injuries be accompanied by a remedy.. Indeed, Mr.. Born would go on to disagree with the majority s decision to have the parties split the costs of the proceeding and to bear their own legal costs.. Born felt that some further remedy was owing, beyond a mere declaration of treaty, so as to better advance the objectives of bilateral investment treaties and the ICSID Convention.. Born noted that this might have taken the form of an award of costs or perhaps moral damages (which had not been specifically claimed by BGT).. (It is commonplace in investment treaty arbitrations for arbitrators to award pecuniary damages (i.. compensation for financial losses suffered by an investor).. However, in a notable February 2008 ruling at ICSID, an investment treaty tribunal also awarded so-called moral damages to a company whose executives claimed that they had suffered the stress and anxiety of being harassed, threatened and detained and intimidated by state agents and armed tribes.. *.. The tribunal found that the company s reputation, and the physical health of the executives, had been affected by the mistreatment suffered, and the tribunal awarded 1 Million (US) Dollars in moral damages.. ).. However, any claim of moral damages by BGT in its dispute with Tanzania would have had to reckon with the holding by the majority in the final paragraph of the award that it would not have looked favorably on a claim by BGT for moral damages, in light of the circumstances of the case, and in particular the investor s conduct.. For further analysis of other holdings in this case, see our other report:.. com/articles/20091229_8.. * Desert Line Properties v.. Republic of Yemen, Award of February 6, 2008, available on-line at:.. http://ita.. law.. uvic.. ca/documents/DesertLine.. pdf..

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  • Title: New International Investment Law Works: May 2011 to January 2012 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: New International Investment Law Works: May 2011 to January 2012.. Jan 13, 2012.. By Prof.. Andrew Newcombe and Cody Olson, Faculty of Law, University of Victoria.. Books.. Jose E.. Alvarez et al.. ,.. The Evolving International Investment Regime: Expectations, Realities, Options.. (Oxford University Press, April 2011).. J.. E.. Alvarez,.. The Public International Law Regime Governing International Investment (The Pocket Books of the Hague Academy of International Law).. (Brill, July 2011).. Ivar Alvik,.. Contracting with Sovereignty: State Contracts and International Arbitration (Studies in International Law).. (Hart Publishing, January 2012).. Vivienne Bath Luke Nottage, eds.. Foreign Investment and Dispute Resolution Law and Practice in Asia.. (Routledge, November 2011).. Chester Brown Devashish Krishan,.. Commentaries on Selected Model Investment Treaties (Oxford Commentaries on International Law).. (Oxford University Press, forthcoming June 2012).. Chester Brown Kate Miles, eds,.. Evolution in Investment Treaty Law and Arbitration.. (Cambridge University Press, 2011).. Tony Cole,.. The Structure of Investment Arbitration.. (Routledge, forthcoming September 2012).. Graham Coop, ed.. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty.. (JurisNet LLC, June 2011).. Karel Daele,.. Challenge and Disqualification of Arbitrators in International Arbitration.. (Kluwer Law International, December 2011).. Armand De Mestral Céline Lévesque, eds,.. Improving International Investment Agreements (Routledge Research in International Economic Law).. (Routledge, forthcoming April 2012).. Yves Derains Laurent Levy, eds,.. Is Arbitration Only As Good as the Arbitrator? Status, Powers and Role of the Arbitrator.. (ICC Institute of World Business Law, 2011).. Olivier De Schutter, Johan F.. Swinnen Jan Wouters, eds,.. Foreign Direct Investment and Human Development: Improving International Investment Law.. (Routledge, forthcoming July 2012).. Angelos Dimopoulos,.. EU Foreign Investment Law.. (Oxford University Press, forthcoming February 2012).. Oliver Dörr Kirsten Schmalenbach, eds,.. Vienna Convention on the Law of Treaties: A Commentary.. (Springer, forthcoming January 2012).. Christopher Dugan et al.. Investor-State Arbitration.. (Oxford University Press, October 2011).. Amin George Forji,.. Bilateral Investment Treaties as Instruments of Economic Hegemony.. (VDM Verlag Dr.. Müller, May 2011).. Bernard Hanotiau Eric A.. Schwartz, eds,.. Dossier VII - Multiparty Arbitration.. (ICC Institute of World Business Law, 2010).. Matthew Happold, James Dingemans QC Thomas Roe,.. Settlement of Investment Disputes under the Energy Charter Treaty.. (Cambridge University Press, May 2011).. Kaj Hober,.. International Commercial Arbitration in Sweden.. (Oxford University Press, May 2011).. Rainer Hoffman Christian Tams, eds,.. International Investment Law and General International Law: From Clinical Isolation to Systemic Integration.. (Nomos, June 2011).. Roland Kläger,.. Fair and Equitable Treatment' in International Investment Law (Cambridge Studies in International and Comparative Law).. (Cambridge University Press, August 2011).. Martín Molinuevo,.. Protecting Investment in Services.. Investor State Arbitration versus WTO Dispute Settlement.. Santiago Montt,.. State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation (Studies in International Law).. (Hart Publishing, December 2011).. Junji Nakagawa,.. Transparency in International Trade and Investment Dispute Settlement.. Valentine Nde Fru,.. The International Law on Foreign Investments and Host Economies in Sub-Saharan Africa: Cameroon, Nigeria, and Kenya (Juristische Schriftenreihe).. (Lit Verlag, September 2011).. Jamal S A Nusseibeh,.. International economic dispute settlement: Morality and authority in investment arbitration and at the World Trade Organization.. (ProQuest, UMI Dissertation Publishing, September 2011).. Martins Paparinskis,.. Basic Documents on International Investment Protection (Documents in International Law).. (Hart Publishing, forthcoming, April 2012).. The International Minimum Standard and Fair and Equitable Treatment (Oxford Monographs in International Law).. (Oxford University Press, forthcoming January 2012).. Borzu Sabahi,.. Compensation and Restitution in Investor-State Arbitration.. Principles and Practice.. (Oxford University Press, September 2011).. Jan Peter Sasse,.. An Economic Analysis of Bilateral Investment Treaties (Ökonomische Analyse des Rechts).. (Gabler, July 2011).. Karl P.. Sauvant,.. Yearbook on International Investment Law Policy 2010-2011.. (Oxford University Press, January 2012).. Luca Schicho,.. State Entities in International Investment Law (Studien zum Internationalen Investitionsrecht).. (Nomos Publishers, forthcoming January 2012).. Wenhua Shan, ed.. The Legal Protection of Foreign Investment:.. A Comparative Study.. (Hart Publishing, forthcoming April 2012).. Andrea M.. Steingruber,.. Consent in International Arbitration.. (Oxford University Press, forthcoming May 2012).. Valentina Vadi,.. Public Health in International Investment Law and Arbitration (Routledge Research in International Economic Law).. (Routledge, forthcoming May 2012).. Albert Jan Van Den Berg, ed.. Arbitration Advocacy in Changing Times.. (Kluwer Law International, October 2011).. J Romesh Weeramantry,.. Treaty Interpretation in Investment Arbitration (Oxford International Arbitration Series).. Todd Weiler Ian A.. Laird, eds,.. Investment Treaty Arbitration and International Law.. (JurisNet LLC, forthcoming May 2012).. Reinmar Wolff, ed.. The New York Convention: A Commentary.. (Hart Publishing, forthcoming March 2012).. Nkenglefac Yochembeng,.. Settling International Investment Disputes Through Arbitration: The Klockner Case before the ICSID Tribunal.. (LAP LAMBERT Academic Publishing, January 2011).. Book Chapters.. Diane Alferez Desierto, "Investment Treaty Regulation Under the New ASEAN Charter Regime" in.. Sustaining Asia's Growth and Investment in a Changing World.. (Edward Elgar, forthcoming 2012),.. online: (2011) SSRN (.. Click here for online version.. ).. Vivienne Bath, "The Quandary for Chinese Regulators: Controlling the Flow of Investment into and out of China" in Vivienne Bath Luke Nottage, eds.. Vivienne Bath Luke Nottage, "Foreign Investment and Dispute Resolution Law and Practice in Asia: An Overview" in Vivienne Bath Luke Nottage, eds.. Sir Franklin Berman QC, "Evolution or revolution?" in Chester Brown Kate Miles, eds,.. Andrea Bjorklund, "The participation of sub-national government units as amici curiae in international investment disputes" in Chester Brown Kate Miles, eds,.. Jonathan Bonnitcha, "Outline of a normative framework for evaluating interpretations of investment treaty protections" in Chester Brown Kate Miles, eds,.. Tomer Broude, "Investment and Trade: The 'Lottie and Lisa' of International Economic Law?" in Pierre Sauvé Roberto Echandi, eds,.. New Directions and Emerging Challenges in International Investment Law and Policy.. (Cambridge University Press, 2012).. Chester Brown Kate Miles, "Introduction: Evolution in investment treaty law and arbitration" in Chester Brown Kate Miles, eds,.. Markus Burgstaller, "Sovereign wealth funds and international investment law" in Chester Brown Kate Miles, eds,.. Simon Butt, "Foreign Investment in Indonesia: The Problem of Legal Uncertainty" in Vivienne Bath Luke Nottage, eds.. Paul James Cardwell Duncan French, "The European Union as a global investment partner: law, policy and rhetoric in the attainment of development assistance and market liberalization" in Chester Brown Kate Miles, eds,.. Govert Coppens, "Treaty Definitions of Investment and the Role of Economic Development: A Critical Analysis of the Malaysian Historical Salvors Cases" in Vivienne Bath Luke Nottage, eds.. Antony Crockett, "Stabilisation clauses and sustainable development: Drafting for the future" in Chester Brown Kate Miles, eds,.. Hop Dang, "Legal Issues in Vietnam's FDI Law: Protections under Domestic Law, Bilateral Investment Treaties and Sovereign Guarantees" in Vivienne Bath Luke Nottage, eds.. Antonias Dimolitsa, "The Arbitrator and The Litigants (Some Exceptional Clashes)" in Yves Derains Laurent Levy, eds,.. Patrick Dumberry Erik Labelle-Eastaugh, "Non-State Actors in International Investment Law: The Legal Personality of Corporations and NGOs in the Context of Investor-State Arbitration" in Jean D'Aspremont, ed.. Participants in the International Legal System: Multiple Perspectives on Non-State Actors in International Law.. (Routledge-Cavendish, 2011).. Nils Eliasson, "China's Investment Treaties: A Procedural Perspective" in Vivienne Bath Luke Nottage, eds.. Salim Farrar, "Foreign Investment Laws and the Role of FDI in Malaysia's New Economic Model" in Vivienne Bath Luke Nottage, eds.. Nick Gallus, "The fair and equitable treatment standard and the circumstances of the host State" in Chester Brown Kate Miles, eds,.. Omar García-Bolívar, "Economic development at the core of the international investment regime" in Chester Brown Kate Miles, eds,.. Shotaro Hamamoto, "A Passive Player in International Investment Law: Typically Japanese?" in Vivienne Bath Luke Nottage, eds.. Daniel Kalderimis, "Investment treaty arbitration as global administrative law: What this might mean in practice" in Chester Brown Kate Miles, eds,.. Avidan Kent Alexandra Harrington, "The plea of necessity under customary international law: A critical review in light of the Argentine cases" in Chester Brown Kate Miles, eds,.. Joongi Kim, "The Evolution of Korea's Investment Treaties and Investor-State Dispute Settlement Provisions" in Vivienne Bath Luke Nottage, eds.. Kevin K.. Kim, "Arbitrators and Choice-of-law Decisions" in Yves Derains Laurent Levy, eds,.. Christina Knahr, "The new rules on participation of non-disputing parties in ICSID arbitration: Blessing or curse?" in Chester Brown Kate Miles, eds,.. Judith Levine, "Navigating the parallel universe of investor-State arbitrations under the UNCITRAL rules" in Chester Brown Kate Miles, eds,.. Julian D.. M.. Lew, "The Arbitrator and Confidentiality" in Yves Derains Laurent Levy, eds,.. Sam Luttrell, "Bias challenges in investor-state arbitration: Lessons from international commercial arbitration" in Chester Brown Kate Miles, eds,.. Pierre Mayer, "The Laws or Rules of Law Applicable to the Merits of a Dispute and the Freedom of the Arbitrator" in Yves Derains Laurent Levy, eds,.. Alex Mills, "The public-private dualities of international investment law and arbitration" in Chester Brown Kate Miles, eds,.. Alexis Mourre, "Sed Quis Custodiet Ipsos Custodes? On Jurisdiction Upon Arbitrators" in Yves Derains Laurent Levy, eds,.. Andrew Newcombe, "Investor misconduct: jurisdiction, admissibility, or merits?" in Chester Brown Kate Miles, eds,.. Luke Nottage J.. Romesh Weeramantry, "Investment Arbitration in Asia: Five Perspectives on Law and Practice" in Vivienne Bath Luke Nottage, eds.. José Emilio Nunes Pinto, " Ceci n'est pas un Article'" in Yves Derains Laurent Levy, eds,.. Martins Paparinskis, "Investment treaty interpretation and customary investment law: Preliminary remarks" in Chester Brown Kate Miles, eds,.. William W.. Park, "The Four Musketeers of Arbitral Duty: Neither One-for-all Nor All-for-one" in Yves Derains Laurent Levy, eds,.. Sergio Puig, "The role of procedure in the development of substantive law: The case of Section B of Chapter 11 of NAFTA" in Chester Brown Kate Miles, eds,.. Prabhash Ranjan, "The Object and Purpose' of Indian Investment Agreements: Failing to Balance Investment Protection and Regulatory Power" in Vivienne Bath Luke Nottage, eds.. Henning Grosse Ruse-Khan, "Protecting intellectual property rights under BITs, FTAs, and TRIPS: Conflicting regimes or mutual coherence?" in Chester Brown Kate Miles, eds,.. Philippe Sands QC, "Conflict and conflicts in investment treaty arbitration: Ethical standards for counsel" in Chester Brown Kate Miles, eds,.. Sita Sitaresmi, "The Japan-Indonesia Economic Partnership Agreement: An Energy Security Perspective" in Vivienne Bath Luke Nottage, eds.. Muthucumaraswamy Sornarajah, "Evolution or revolution in international investment arbitration? The descent into normlessness" in Chester Brown Kate Miles, eds,.. Muthucumaraswamy Sornarajah, "Review of Asian Views on Foreign Investment Law" in Vivienne Bath Luke Nottage, eds.. Suzanne Spears, "Making way for the public interest in international investment agreements" in Chester Brown Kate Miles, eds,.. Andrew Stephenson, Lee Carroll Jonathon DeBoos, "Interference by a local court and failure to enforce: Actionable under a bilateral investment treaty?" in Chester Brown Kate Miles, eds,.. Anastasia Telesetsky, "A New Investment Deal in Asia and Africa: Land Leases to Foreign Investors" in Chester Brown and Kate Miles, eds,.. Evolution in Investment Treaty Law and Arbitration.. (Cambridge University Press, 2011), online: (2011) SSRN (.. Kyla Tienhaara, "Regulatory chill and the threat of arbitration: A view from political science" in Chester Brown Kate Miles, eds,.. Mehmet Toral Thomas Schultz, "The State, a Perpetual Respondent in Investment Arbitration? Some Unorthodox Considerations" in Michael Waibel, Asha Kaushal, Kyo-Hwa Chung Claire Balchin, eds,.. The Backlash Against Investment Arbitration.. (Kluwer Law International, 2010), online: (2011) SSRN (.. Emma Truswell, "Thirst for profit: water privatisation, investment law and a human right to water" in Chester Brown Kate Miles, eds,.. V.. Veeder, "Arbitral Discrimination under English and EU Law" in Yves Derains Laurent Levy, eds,.. Michael Waibel, "International Investment Law and Treaty Interpretation" in Rainer Hofmann C.. Christian Tams, eds.. From Clinical Isolation to Systemic Integration.. (Baden-Baden, 2011).. Romesh Weeramantry Claire Wilson, "The scope of amount of compensation' dispute resolution clauses in investment treaties" in Chester Brown Kate Miles, eds,.. David Williams QC Simon Foote, "Recent developments in the approach to identifying an investment' pursuant to Article  ...   Taiwan-China Bilateral Investment Agreement" (November 2011) 4:2 Contemporary Asia Arbitration J.. 179, online: (2011) SSRN (.. Dohyun Kim, "Note.. The Annulment Committee's Role in Multiplying Inconsistency in ICSID Arbitration: The Need to Move Away from an Annulment-Based System" (2011) 86 N.. Y.. U.. 242.. Jodie A.. Kirshner, "Why is the U.. Abdicating the Policing of Multinational Corporations to Europe?: Extraterritorialism, Sovereignty, and the Alien Tort Statute" (2012) 29:2 Berkeley J.. (BJIL), online: (2011) SSRN (.. Jan Kleinheisterkamp, "The Future of the BITs of European Member States after Lisbon" (2011) 29:1 ASA Bulletin 212.. Oleksiy Kononov, "International Investment Law: Is it Time to Change the Traditional BIT System?" (2011) Czech Y.. 123, online: (2011) SSRN (.. Charles T.. Kotuby, " Other international obligations' as the applicable law in investment arbitration" (2011) 14:5 Int'l Arbitration L.. 162.. Markus Krajewski, "The Impact of International Investment Agreements on Energy Regulation" Eur.. Y.. , 2013 (forthcoming), online: (2011) SSRN (.. Houchi Kuo, "The Issue of Repeat Arbitrators: Is it a Problem and How Should the Arbitration Institutions Respond?" (November 2011) 4:2 Contemporary Asia Arbitration J.. 247, online: (2011) SSRN (.. Tineke Lambooy, Mary Varner Aikaterini Argyrou, "The Corporate Responsibility to Remedy (3rd Pillar Ruggie Framework) - Analysis of the Corporate Responses in Three Major Oil Spill Cases: Shell - Nigeria, BP - US (the Gulf), Chevron - Ecuador" University of Oslo Faculty of Law Research Paper No.. 2011-26, online: (2011) SSRN (.. Nikos Lavranos, "Member States' Bits: Lost in Transition?", online: (2011) SSRN (.. Amnon Lehavi Amir N.. Licht, "BITs and Pieces of Property" (2011) 36 Yale J.. 115, online: (2011) SSRN (.. Jernej Letnar Cernic, "Corporate Obligations Under the Human Right to Water" (Spring 2011) 39:2 Denv.. Pol'y 303, online: (2011) SSRN (.. Eugenia Levine, "Amicus Curiae in International Investment Arbitration: The Implications of an Increase in Third-Party Participation" (2011) 29 Berkeley J.. 200.. Tissya Mandal, "FDI, BITS and the Marginalization of Labour Standards", online: (2011) SSRN (.. Lars A.. Markert, "Improving Efficiency in Investment Arbitration" (November 2011) 4:2 Contemporary Asia Arbitration J.. 215, online: (2011) SSRN (.. Marissa Marco, "Accountability in International Project Finance: The Equator Principles and the Creation of Third-Party-Beneficiary Status for Project-Affected Communities" (2011) 34 Fordham Int'l L.. 452, online: (2011) SSRN (.. li Z.. Marossi, "Shifting the Burden of Proof in the Practice of the Iran-United States Claims Tribunal" (2011) 28:5 J.. Int'l Arbitration 427.. Bryan Christopher Mercurio, "The Untapped Potential of Investor-State Dispute Settlement Involving Intellectual Property Rights and Expropriation in Free Trade Agreements" Chinese University, CFRED Working Paper, online: (2011) SSRN (.. Alex Mills, "Antinomies of public and private at the foundations of international investment law and arbitration" (2011) 14 J.. 469.. Andrew D.. Mitchell and Sebastian M.. Wurzberger, "Boxed In? Australia's Plain Tobacco Packaging Initiative and International Investment Law" (2011) 27:4 Arbitration Int'l 623.. Rahim Moloo Justin Jacinto, "Environmental and Health Regulation: Assessing Liability under Investment Treaties" (2011) 29 Berkeley J.. 1.. Theodore H.. Moran, "Enhancing the contribution of FDI to development: a new agenda for the corporate social responsibility community, international labour and civil society, aid donors and multilateral financial institutions" (April 2011) 20:1 Transnational Corporations 69, online: (2011) UNCTAD (.. Euyelit Adriana Morena-Paredes, "Note.. El arbitraje de inversiones en America del Sur: propuesta de creacion de un centro alternativo de arbitraje de la estructura internacional de la Union de Naciones Suramericanas" (2010) 42 U.. Miami Inter-Am.. 175.. Peter Muchlinski, "Corporations and the Uses of Law: International Investment Arbitration as a Multilateral Legal Order'" (2011) 1:4 Oñati Socio-Legal Series, online: (2011) SSRN (.. James A.. Nafziger Angela M.. Wanak, "United Parcel Service, Inc.. , v.. Government of Canada: An Example of a Trend in the Arbitration of NAFTA-Related Investment Disputes" (2009) 17 Willamette J.. Disp.. Resol.. 49.. Luke R.. Nottage, "The Rise and Possible Fall of Investor-State Arbitration in Asia: A Skeptic's View of Australia's Gillard Government Trade Policy Statement'",Sydney Law School Research Paper No.. 11/32, online: (2011) SSRN (.. Valentina Okaru-Bisant, "Proposals to combat the Multilateral Investment Guarantee Agency's deficiencies: promoting private water investments and preventing corruption and consumer risks" (2011) 14 Sustainable Dev.. Miloš Olík David Fyrbach, "The Competence of Investment Arbitration Tribunals to Seek Preliminary Rulings from European Courts" (2011) Czech Y.. 191, online: (2011) SSRN (.. Ucheora Onwuamaegbu Karl Sauvant, "FDI, the Global Crisis and sustainable recovery" (April 2011) 20:1 Transnational Corporations 1, online: (2011) UNCTAD (.. Matthew T.. Parish, Annalise K.. Nelson Charles B.. Rosenberg, "Awarding Moral Damages to Respondent States in Investment Arbitration" (2011) 29 Berkeley J.. 225.. Park, "Rectitude in International Arbitration" (2011) 27:3 Arbitration Int'l 473.. Parvan P.. Parvanov, "The Hidden Duality of Summary Disposition of Claims in Investment Arbitration", online: (2011) SSRN (.. Jason Pierce, "Note.. A South American energy treaty: how the region might attract foreign investment in a wake of resource nationalism" (2011) 44 Cornell Int'l L.. 417.. Martina Polasek, "The Threshold for Registration of a Request for Arbitration under the ICSID Convention" (November 2011) 5:2 Disp.. Int'l 177.. Michael Polkinghorne Emilie Gonin, "Barristers from the Same Chambers Appearing as Counsel and Arbitrator: Independence Revisited?" (November 2011) 5:2 Disp.. Int'l 163.. Michele Potestà, "The Interpretation of Consent to ICSID Arbitration Contained in Domestic Investment Laws" (2011) 27:2 Arbitration Int'l 149.. Lauge Skovgaard Poulsen Gary Clyde Hufbauer, "Foreign direct investment in times of crisis" (April 2011) 20:1 Transnational Corporations 19, online: (2011) UNCTAD (.. Sergio Puig Meg N.. Kinnear, "NAFTA Chapter Eleven at Fifteen: Contributions to a Systemic Approach in Investment Arbitration" (2010) 25:2 ICSID Rev.. - Foreign Investment L.. 225, online: (2011) SSRN (.. Ramkishen S.. Rajan Hyun-Hoon Lee, "Cross-Border Investment Linkages Among APEC Economies: The Case of Foreign Direct Investment" (2011) 15:3 J.. of Korea Trade 89; Lee Kuan Yew School of Public Policy Research Paper No.. PP11-27, online: (2011) SSRN (.. Ravi Ramamurti, "Impact of the crisis on new FDI players: past, present and future of sovereign wealth funds, private equity and emerging market transnational corporations" (April 2011) 20:1 Transnational Corporations 39, online: (2011) UNCTAD (.. Prabhash Ranjan, "Non-Precluded Measures in Indian International Investment Agreements and India's Regulatory Power as a Host Nation" (January 2012) 2:1 Asian J.. 21.. Prabhash Ranjan, "The Enigma of Enforceability of Investment Treaty Arbitration Awards in India" (January 2011) 6:1 Asian J.. Comparative L.. Alan M.. Rugman, "The international financial crisis and transnational corporation strategy" (April 2011) 20:1 Transnational Corporations 103, online: (2011) UNCTAD (.. Giorgio Sacerdoti, "Corruption in Investment Transaction: Policy Initiatives, Legal Principles and Arbitral Practice" Bocconi Legal Studies Research Paper No.. 1931598, online: (2011) SSRN (.. Giorgio Sacerdoti, "Precedent in the Settlement of International Economic Disputes: The WTO and Investment Arbitration Models" Bocconi Legal Studies Research Paper No.. 1931560, online: (2011) SSRN (.. Rumu Sarkar, "Critical essay--a re-visioned' foreign direct investment approach from an emerging country perspective: moving from a vicious circle to a virtuous cycle" (2011) 17 ILSA J.. Int'l Comp.. 379.. Sameer Sattar, "Document production and the 2010 IBA Rules on the Taking of Evidence in International Arbitration: a commentary" (2011) 14:6 Int'l Arbitration L.. 210.. Ben Saul, "China, Resources, and International Law" Sydney Law School Research Paper No.. 11/82, online: (2011) SSRN (.. Stephan W.. Schill, "Enhancing International Investment Law's Legitimacy: Conceptual and Methodological Foundations of a New Public Law Approach" (Fall 2011) 52 Va.. 57.. Schill, "W(h)ither fragmentation? On the literature and sociology of international investment law" (2011) 22 Eur.. 875.. David Schneiderman, "Legitimacy and Reflexivity in International Investment Arbitration: A New Self-Restraint?" (2011) 1:4 Oñati Socio-Legal Series, online: (2011) SSRN (.. H.. Schreuer Wolf Theiss, "The Protection of Investments in Armed Conflicts" (28 June 2011).. Schreuer Wolf Theiss, "Why Still ICSID?" (8 November 2011).. Stephen M.. Schwebel, "Is Neer Far from Fair and Equitable?.. ".. (2011) 27:4 Arbitration Int'l 555.. Wenhua Shan Sheng Zhang, "FDI in China and the Role of Law: An Empirical Approach" (August 2011) 12:4 J.. World Investment Trade.. Wei Shen, "Beyond the Scope of Investor' and Investment': Who can Make an Arbitration Claim under a Chinese BIT? - Some Implications from a Recent ICSID Case" (2010) 6:2 Asian Int'l Arbitration J.. 164, online: (2011) SSRN (.. Wei Shen, "Is This a Great Leap Forward? A Comparative Review of the Investor-State Arbitration Clause in the ASEAN-China Investment Treaty: From BIT Jurisprudential and Practical Perspectives" (2010) 27:4 J.. Int'l Arbitration 379 (.. Wei Shen, "Leaning Towards a More Liberal Stance? - An Evaluation of Substantive Protection Provisions Under the New ASEAN-China Investment Agreement in Light of Chinese BIT Jurisprudence" (2010) 26:4 J.. London Ct.. Int'l Arb, online: (2011) SSRN (.. Omphemetse Stephen Sibanda, "The NAFTA Labour Co-Ordination Regime: Lessons for Future Harmonisation of Labour Standards in the SADC" (2010) 73 J.. Contemporary Roman-Dutch L.. 93, online: (2011) SSRN (.. Hon.. Bruno Simma, "Foreign investment arbitration: a place for human rights?" (2011) 60 Int'l Comp.. Q.. 573.. Penelope C.. Simons, "International Law's Invisible Hand and the Future of Corporate Accountability for Violations of Human Rights" (2012) 3:1 J.. Human Rights Environment, online: (2011) SSRN (.. Matthew Skinner et al.. , "The UNCITRAL Arbitration Rules 2010" (2011) 7:1 Asian Int'l Arbitration J.. 76.. Robert D.. Sloane, "On the Use and Abuse of Necessity in the Law of State Responsibility" (2011) American J.. David Smith, "Note.. Shifting Sands: Cost-and-Fee Allocation in International Investment Arbitration" (2011) 51 Va.. 749.. John G.. Sprankling, "The Emergence of International Property Law" N.. C.. L.. (forthcoming); Pacific McGeorge School of Law Research Paper No.. 11-06, online: (2011) SSRN (.. Ramon Torrent, "The contradictory overlapping of national, EU, bilateral, and multilateral rules on foreign direct investment: who is guilty of such a mess?" (2011) 34 Fordham Int'l L.. 1377.. Matthew C.. Turk, "Why Does the Complainant Always Win at the WTO?: A Reputation-Based Theory of Litigation at the World Trade Organization" (2011) 31 Northwestern J.. 385, online: (2011) SSRN (.. Valentina Sara Vadi, "Socio-Legal Perspectives on the Adjudication of Cultural Diversity Disputes in International Economic Law" (2011) 1:4 Oñati Socio-Legal Series 1, online: (2011) SSRN (.. Valentina Sara Vadi, "When Cultures Collide: Foreign Direct Investment, Natural Resources and Indigenous Heritage in International Investment Law" (2011) 42:3 Columbia Human Rights L.. Martin J.. Valasek, "Investor-State Arbitration in Canada" (October 2011) 29 No.. 8 ACC Docket S5.. Veerle Van Den Eeckhout, "Corporate Human Rights Violations and Private International Law - The Hinge Function and Conductivity of PIL in Implementing Human Rights in Civil Proceedings in Europe: A Facilitating Role for PIL or PIL as a Complicating Factor?", online: (2011) SSRN (.. Gus Van Harten, "Contributions and Limitations of Empirical Research on Independence and Impartiality in International Investment Arbitration" (2011) 1:4 Oñati Socio-Legal Series, online: (2011) SSRN (.. Gus Van Harten, "Reform of Investor-State Arbitration: A Perspective from Canada", online: (2011) SSRN (.. Gus Van Harten, "TWAIL and the Dabhol Arbitration" Osgoode CLPE Research Paper No.. 19/2011, online: (2011) SSRN (.. Tania Voon Andrew Mitchell, "Time to Quit? Assessing International Investment Claims Against Plain Tobacco Packaging in Australia" (September 2011) 14 J.. 515.. Nathalie Voser, "Overview of the Most Important Changes in the Revised ICC Arbitration Rules" (2011) 29:4 ASA Bulletin 783.. Stepan Wood, "The Case for Leverage-Based Corporate Human Rights Responsibility" (2012) 22:1 Business Ethics Quarterly 63, online: (2011) SSRN (.. Jeanne M.. Woods, "A human rights framework for corporate accountability" (2011) 17 ILSA J.. 321.. Jason W.. Yackee, "Investment Treaties and Investor Corruption: An Emergent Defense for Host States?" Va.. (forthcoming); Univ.. of Wisconsin Legal Studies Research Paper No.. 1181, online: (2011) SSRN (..

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  • Title: Majority opinion in ICSID bondholders claim has broader lessons for defaulting sovereigns, fractured tribunals, shareholder groupings, and would-be claimants needing help getting ICSID claims registered - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Majority opinion in ICSID bondholders claim has broader lessons for defaulting sovereigns, fractured tribunals, shareholder groupings, and would-be claimants needing help getting ICSID claims registered.. Aug 19, 2011.. (Editor's Note: This is article #5 in a series of 5 articles analyzing various aspects of a landmark ICSID ruling in a claim brought by numerous bond-holders.. The other articles can be viewed.. here.. ,.. Only time will tell whether the path blazed by a pair of ICSID arbitrators, Pierre Tercier and Albert Jan van den Berg, in the Abaclat v.. Argentina case (formerly known as Beccara v.. Argentina) will be followed by other tribunals confronted with claims arising out of sovereign debt defaults and restructurings.. However, taken at face value the majority s Decision on Jurisdiction and Admissibility has certain lessons for a range of actors.. First, and most obvious, the Decision will be a cause of concern for other states contemplating default and restructuring of their sovereign debt obligations.. Until now, jilted bondholders have had to rely upon the legal forums typically domestic courts - stipulated in the relevant bonds.. Lately, there have been efforts afoot in corners of the international arbitration community to promote the use of arbitration for disputes arising out of financial instruments.. For instance, a working group operating under the auspices of the Permanent Court of Arbitration has been exploring model arbitration clauses that might be inserted into sovereign bonds and other financial instruments.. However, if arbitrators are prepared to hold that international investment treaties present a ready-made path to international arbitration, then many prospective claimants may not need to await the proliferation of such contractual arbitration clauses.. Made-in-Greece solutions could be complicated by international arbitration.. The prospect that states may be subject to the jurisdiction of investment treaty tribunals will come as a particular blow for those sovereigns which may have been counting on the flexibility that comes from the fact that many of their outstanding bonds are governed by the law of the issuing state.. In a 2010 analysis of the unfolding Greek sovereign debt crisis, one prominent legal practitioner, Lee Buchheit, observed that Greece enjoys the unusual luxury of being able to make changes to its own laws so as to make the terms of its debt burden less onerous.. * (By contrast, governments whose debt-stock is governed by some foreign law would find that any such unilateral legislative changes will fall under review of a, perhaps less sympathetic, foreign court.. In his 2010 commentary, Mr.. Buchheit who has since become an advisor to Greece did acknowledge that modifications to Greek debt obligations - even if they might pass muster under the governing Greek law - might be challenged outside of Greece s courts, through international arbitration under a bilateral investment treaty.. With the recent Decision of the ICSID tribunal in the Abaclat v.. Argentina case, this possibility has been become much more vivid.. Now, any financially embattled sovereign will take much more seriously the prospect that they may need to defend against claims brought pursuant to investment treaties.. At, the same  ...   where companies with minority shareholdings sometimes removed by several layers from the host company investment - have brought claims to ICSID, particularly in cases arising out of foreign direct investments affected by the Argentine financial crisis.. Indeed, Argentina has complained, to little avail, that multiple arbitral claims by a multiplicity of indirect shareholders in a single company have the potential to sow legal confusion particularly where the minority shareholders pursue a litigation strategy that has been disavowed by the majority shareholders of a given company.. While some tribunals have mused as to whether there are outer limits to such claims for e.. where a claimant has a particularly modest indirect shareholding the Abaclat Decision points to the possibility that much smaller-scale (mom and pop) shareholders might be able to band together en masse in order to pursue a litigation strategy which diverges from the desires and objectives of the major (and even minor) shareholder groups.. Use of experts to help get an ICSID case registered.. One final point of interest in the August 4, 2011 Decision in the Abaclat case is the revelation that the claimants had enlisted a pair of experts in ICSID arbitration, Rudolf Dolzer and Christoph Schreuer, to buttress their case that ICSID should register their claim.. When Argentina raised objections to the registration of the claim by ICSID in 2006, Prof.. Schreuer and Dolzer each prepared legal opinions and letters addressed to the ICSID Secretary-General presenting arguments for the registration of the case.. is aware of only one other case where would-be ICSID claimants had sought additional expertise in their efforts to persuade the ICSID Secretariat to register a given claim.. In the Anderson and others v.. Costa Rica arbitration, the claimants had enlisted the assistance of the Canadian lawyer and arbitrator L.. Yves Fortier at the registration phase of the claim.. More broadly, it is unclear how widespread such practice is in ICSID arbitration.. However, given that the bar to registration is low, it seems unlikely that the practice is common.. (The ICSID Secretary-General is obliged under the ICSID Convention to register cases unless they appear to be manifestly outside of the Centre s jurisdiction, however, the Abaclat and Anderson cases were unusual in that they both involved multiple claimants with the latter case having more than 100 claimants.. * In his co-authored May 2010 commentary, How to Restructure Greek Debt , Mr.. Buchheit of the Cleary Gottlieb law firm, did caution that no government should lightly consider a change of local law as an easy method of dealing with a sovereign debt crisis.. Nevertheless, Mr.. Buchheit proposed that certain balanced and proportional legislative steps might be considered by a government in Greece s position.. Any such unilateral legislative initiatives would now be attempted in the shadow of the recent ICSID ruling which affirms for the first time that a state s restructuring efforts could be reviewed by international arbitrators.. (Mr.. Buchheit s law firm is well familiar with the Abaclat case, as the firm advises Argentina on its defence of that ICSID case)..

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  • Title: Ecuador publishes list of arbitral claims; many have had a prior airing in IAReporter, but there are a couple surprises - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Ecuador publishes list of arbitral claims; many have had a prior airing in IAReporter, but there are a couple surprises.. Mar 1, 2012.. By.. (Editor's Note: This article is being made available to non-subscribers.. as a courtesy.. In a bid to be transparent about international arbitrations brought against (or by) the Republic of Ecuador, the country s Attorney General s office has released a list of all such pending cases.. The list* offers basic procedural information about each case, and includes a number of disputes which are well-publicized, including UNCITRAL claims by the Chevron Corporation, as well as a series of ICSID claims by multinational energy companies (Occidental, Perenco, Burlington and Murphy).. The list also touches on a number of cases that have not been the subject of much publicity, apart from coverage by.. :.. Únete Telecomunicaciones (see our November 2009.. report.. ing.. on this claim under the Bolivia-Ecuador BIT).. Ulysseas Inc.. (See our December 2010.. on the jurisdictional result in this claim under the U.. -Ecuador BIT).. Ecuador against the U.. (See our successive reports on this groundbreaking inter-state arbitration, from.. July of 2011.. September of 2011.. , and.. February of 2012.. Investors in El Universo newspaper (see our..  ...   by the Canadian lawyers Borden Ladner Gervais, and Ecuador is in the process of hiring counsel for the case.. An arbitral tribunal has yet to be selected.. RSM: In May of 2010, this prodigiously-litigious U.. -based energy company filed a notice of arbitration under the U.. Ecuador BIT seeking damages following the termination of a mining license for a tar-sands project in Ecuador.. No further steps in the proceeding have been taken, including selection of an arbitral tribunal.. Another pair of claims announced by Ecuador by Copper Mesa and Merck - are of particular interest, and we profile them in separate articles:.. * The list can be downloaded here, in Spanish:.. pge.. gob.. ec/es/reglamentos-internos/doc_download/368-hoja-de-casos-14-de-feb-2012.. html.. ** Ecuador had taken considerable criticism for the use of a criminal libel statute in this case.. However, after prevailing in the courts, President Correa announced this week that he would rescind his request for fines and prison sentences to be imposed on the defendants.. It appears likely that this step may take away the impetus for a claim against Ecuador under the U.. -Ecuador BIT.. However, we will continue to monitor this case.. For more on President Correa's announcement, see this link:.. bbc.. co.. uk/news/world-latin-america-17177646..

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  • Title: ANALYSIS: ICJ ruling in Argentina-Uruguay case and its relevance to investment arbitration - Investment Arbitration Reporter (IAReporter)
    Descriptive info: ANALYSIS: ICJ ruling in Argentina-Uruguay case and its relevance to investment arbitration.. Apr 22, 2010.. Can't view this article? If you are a subscriber, and we have your IP addresses on file, you MUST click on the subscriber log-in button in the top-left corner of this page.. This will ensure you are "recognized".. If you are a subscriber, and you use a log-in ID and password for the site, please click.. If you are NOT a subscriber, why not join today? Learn more about.. subscriber benefits.. Click here to join..

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  • Title: Kaufmann-Kohler tribunal dismisses another intra-EU investment treaty claim against Slovak Republic; government has won four treaty claims to date, four more pending - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Kaufmann-Kohler tribunal dismisses another intra-EU investment treaty claim against Slovak Republic; government has won four treaty claims to date, four more pending.. May 3, 2012..

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  • Title: Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice.. May 8, 2012..

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