Christopher R. Drahozal, George A. Bermann, Jack J. Coe Jr. and Catherine A. Rogers | May 29, 2024 | International Commercial and Investor-State Arbitration
Below is the abstract for “Competence-Competence, Delegation, and the AAA/ICDR Rules,” forthcoming in the American Review of International Arbitration (2024) and available for download on SSRN. In 2021 and 2022, the American Arbitration Association (AAA) and the...
PEFELA Gildas NYUGHA | April 10, 2024 | Conflict of Laws, International Commercial and Investor-State Arbitration
Below is the abstract for “Jettisoning the Principle of Party Autonomy in Modern International Commercial Arbitration: Menace to an Unprecedented Precept,” available for download on SSRN. This paper focuses on conflict as to the choice of law in international...
Natalie L. Reid, William H. Taft V, Natascha Born and Sebastian Dutz | September 6, 2023 | International Commercial and Investor-State Arbitration
This article is a client alert published by Debevoise & Plimpton on July 13, 2023. Key Takeaways: The U.S. Supreme Court recently decided that a Russian citizen could bring a civil Racketeer Influenced and Corrupt Organizations Act (“RICO”) claim against a U.S....
Guillermo Jose Garcia Sanchez | May 3, 2023 | International Commercial and Investor-State Arbitration
Below is the abstract for “Defrosting Regulatory Chill,” available for download on SSRN. In Homer’s Odyssey, King Ulysses asked his men to tie him to the mast of his ship with the hope that he would not jump into the sea after listening to the Sirens. The Odyssey’s...
Raghavendra Murthy | April 3, 2023 | International Commercial and Investor-State Arbitration, U.S. Foreign Relations Law
Below is the abstract for “Why Can’t We Be FRANDs?: Anti-Suit Injunctions, International Comity, and International Commercial Arbitration in Standard-Essential Patent Litigation,” available for download on SSRN. Picking up a smartphone to contact someone across...
Elizabeth Silbert, Charles B. Rosenberg, Vivasvat Dadwal and Tamsin Parzen | January 31, 2023 | International Commercial and Investor-State Arbitration
This article is a client alert published by King & Spalding on January 4, 2023. Summary On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as...
