TDM - Transnational Dispute Management
This special issue on Corruption and Arbitration analyzes new trends, developments, and challenges respecting the intersection between, on the one hand, allegations, suspicions or findings of corruption and, on the other hand, decisions by arbitral tribunals regarding jurisdiction, admissibility and the merits of commercial and investment disputes. Many thanks to the Editors Prof. Dr. Richard Kreindler (Shearman & Sterling LLP) and Carolyn B. Lamm (White & Case LLP) and to their colleagues Hansel Pham (White & Case) and Marc Jacob (Shearman & Sterling) for their assistance and support during the preparation of this interesting special issue of TDM.
Prof. Dr. Christian Tietje and Dr. iur Richard Happ edited this special on the EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges for TDM. Apart from taking stock of the current developments, this issue tries to reflect on the remaining challenges and possible solutions for open questions. It also includes a study requested by the European Parliament's Committee on International Trade which is made available on TDM with kind permission.
This TDM special on Aligning Human Rights and Investment Protection is edited by Professor Dr. Ursula Kriebaum (University of Vienna) and analyses the possibility of courts and tribunals operating in the fields of human rights and international investment protection to take into account the concerns of the other field of law. This issue is a welcome addition to the human rights related material available on TDM and we like to thank Professor Kriebaum for her work on this special.
This last issue of 2012 is a regular issue covering a variety of topics including Third Party Funding, Ecuador v Chevron in the Canadian courts, Damages in Guinea v DRC (by J.R. Cook) and papers having a closer look at Investor-State Disputes by Prof. L. Trakman, G. Kahale, III and Mark Kantor. This issue also includes and a number of case comments and book reviews. In 2013 a number of specials will be published: Aligning Human Rights and Investment Protection; Corruption in Arbitration; and the EU and Int'l Investment Protection Law and Arbitration.
This TDM Special offers a timely look at the Legal Issues in Tobacco Control in the lead-up to the Fifth Session of the Conference of the Parties to the WHO FCTC, to be held from 12 to 17 November 2012 in Seoul ('COP5'). The contributors to the Special Issue discuss a range of disputes and negotiations concerning tobacco control regulation, offering insights into the legal questions at issue, their political ramifications, and their future resolution. The contributions address the broad themes of trade and investment in tobacco, the WHO and the WHO FCTC, plain tobacco packaging, and flavoured cigarettes, as introduced by the editors of the special Prof. Andrew Mitchell and Associate Prof. Tania Voon (Melbourne Law School)
The University of Ottawa won the 2012 FDI Moot Skadden Arps Trophy ahead of King's College London before an ad hoc committee composed of Prof. William Park, Prof. Andrea Bjorklund, and Mr. Doak Bishop.
Harvard Law School prevailed over NYU in the 3rd place match before Ms. Silvia Marchili (King & Spalding), Prof. Andrew Newcome (University of Victoria Faculty of Law) and Mr. Tim Nelson (Skadden, Arps, Slate, Meagher & Flom LLP). The next finals will be held at the Frankfurt International Arbitration Centre, 24-26 October 2013. The best memorials and counter-memorials appear in this issue of TDM.
The papers in this issue were presented at the 7th Biennial Symposium on International Arbitration and Dispute Resolution organized by the Center for International Legal Studies and held (CILS) in Salzburg in May 2012. Many thanks to Manuela Wedam & Christian Campbell (CILS) and the conference chairs Laurent Hirsch (Hirsch Kobel) and Lawrence Schaner (Jenner & Block) for their work on this special and the opportunity to publish this on TDM.
Professor A.F.M. Maniruzzaman and Gary Born edited this special in which over two dozen practitioners and academics examine the changing practices in resolving international business disputes by Alternative Dispute Resolution (ADR) in Asia, a region that has experienced phenomenal growth in the use of ADR - and international arbitration in particular - to resolve international business disputes in recent years.
Prof. Maya Steinitz and Joe Matthews prepared this TDM Special Issue on "Contingent Fees and Third Party Funding in Investment Arbitration Disputes". This (mini-)issue will hopefully help to advance the analysis of issues presented by the growth of contingent fee and third party funding arrangements in international arbitration, particularly investment arbitration.
Dr A. De Jesús O.
Transnational Arbitration, Litigation & Business Law on
The Lex Mercatoria Model
- May 16
- Commentary on the US Solicitor General’s Office (CVSG) brief in BG Group PLC v. Republic of Argentina (May 2013)
- May 16
- Applicable Law in Investor-State Arbitration: The Interplay between National and International Law (Hege Elisabeth Kjos) - Book review
- Apr 23
- Arbitrator and Counsel: The Double-Hat Dilemma
- Apr 09
- Expropriatory and Non-Expropriatory Takings Under International Investment Law
- Apr 09
- Judicial Review of Foreign-Related Arbitral Awards in China: Statutory Provisions, Perceived Defects and Suggested Innovations
- Feb 19
- Transit of Energy Resources Under GATT Article V
- Jan 16
- International Commercial Arbitration: A Primer for U.S. Judges
- Jan 16
- Basic Documents on the Settlement of International Disputes (eds. C.J. Tams and A. Tzanakopoulos) - Book review
- Dec 21
- Short Report on the ICC Commission Report on States, State Entities and ICC Arbitration
- Nov 19
- The New U.S. Model BIT: "If Both Sides Are Angry With You, You Must Be Doing Something Right"
- Nov 19
- The Canada-China Investment Treaty - Lessons for a U.S.-China BIT?
- Nov 19
- Denunciation of the ICSID Convention: Two Problems, One Seen and One Overlooked
A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought was published in 2009 by CMP Publishing Ltd. in honour of Thomas Wälde. The editors Jacques Werner and Arif Hyder Ali gathered an impressive collection of essays by practioners, arbitrators and professors who knew Thomas Wälde in a modest effort to capture Thomas' never ending interests. This book is now available on OGEL and TDM with the kind permission from the publisher. For subscribers the chapters are available as individual papers, all others may download the entire book as a free download.
Contribute (Short) Comments & Papers
We are looking for both short comments on recent developments of broad interest and longer academic style papers. We would like, such comments and papers to be backed-up by provision of in-depth notes and articles and primary legal and regulatory materials.
Given TDM's role as the principal international arbitration network, we are looking to re-publish quality and relevant studies published elsewhere - and would appreciate help in identifying such studies and, where possible, get the authors' (or other right-holders') consent.
Mark Kantor, Editor-in-Chief
Maurice Mendelson QC, (OGEMID)
Barrister, Blackstone Chambers
Sophie Nappert, (OGEMID)
3 Verulam Buildings
Dr. Sébastien Manciaux, (OGEMID)
University of Bourgogne, CREDIMI
Baiju S. Vasani, (OGEMID)
Also see: Editorial Team.
The number of TDM subscribers is increasing continuously; there is an increasing number of major international companies, universities, governmental organisations, law firms (mainly those with a claim to special competence in international dispute management and arbitration), international agencies and academic and think-tank institutions in the field of dispute management and arbitration. A selection in random order:
You can find a more extensive overview here.
Oil, Gas and Energy Law (OGEL, ISSN 1875-418X) is a comprehensive and innovative information service with a focus on oil-gas-energy law, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting, including the oil-gas-energy geopolitics. See www.ogel.org for more details on published issues and details on how to contribute. Be sure to check out our special arrangement for a combined OGEL/TDM subscription.
International dispute settlement is a relatively new field of academic study that increasingly combines private and public international law and raises enduring issues of global importance. The growth of the field of international dispute settlement in practice, the novelty and significance of the issues posed, and the originality of the academic angle from which such issues need to be addressed are the factors that triggered the launch of the Journal of International Dispute Settlement. Available at a discounted rate for subcribers of TDM.
Centre for Energy, Petroleum and Mineral Law and Policy
(CEPMLP, University of Dundee)
The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee is the internationally renowned graduate school in the field of international business transactions and natural resources and energy law and policy.
The interdisciplinary approach to teaching, research and consultancy provides a unique perspective on how governments, business and communities operate, providing the professionals of today with the ability to meet the challenges of tomorrow.