January 2022 Council Meeting Updates
Pauline ToboulidisAt its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
The Penobscot River and Claims Against Military Subcontractors
Andrew HammIn Penobscot Nation v. Frey and United States v. Frey, two cases ask the Supreme Court to review an en banc decision of the U.S. Court of Appeals for the 1st Circuit concerning authority over the Penobscot River in Maine. Both petitions detail the history of relationships between the Penobscot Nation and various governments, from Massachusetts colonists to the Maine Indian Claims Settlement Act and the Maine Implementing Act in the 1970s.
The Scope of Article 8 Mandatory Choice-of-Law Rule
Reade Ryan, Jr., Mark J. Shapiro, Bjorn Bjerke and Ashley ShanThe scope of the mandatory choice-of-law rule set forth in UCC § 8-110(a)(1) is one of the important issues in the ongoing dispute between Venezuela’s state-owned oil company Petróleos de Venezuela, S.A. and holders of its now defaulted notes that were scheduled to come due in 2020.
Colorado Water Rights in the 2022 Legislative Session
Madison WilsonThe Colorado Sun has published an article discussing a new water bill in the state’s upcoming legislative session. The proposed bill seeks to prohibit speculation for pure financial gain.
Supreme Court To Revisit Circuit Split over Discovery in Aid of International Arbitration
J. Alexander Lawrence, Craig I. Celniker, Timothy W. Blakely, Sarah Thomas, Daniel P. Levison and Geary ChoeThe United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, No. 21-518—to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”) to render assistance in gathering evidence for use in a “foreign or international tribunal” includes seeking evidence in aid of private commercial arbitrations or treaty-based arbitrations.
The Cost-Benefit Analysis of Pursuing Investor-State Arbitration in A Post-Pandemic World
Madison WilsonAn article in The National Law Review assesses the varying actions taken by States pursuant of public health goals for Covid-19, and if, as a result of measures taken, a State has upheld its international law obligations to promote or protect foreign investment.