Publications

In interpreting one of the most contested investment treaty protection standards – fair and equitable treatment – arbitral tribunals have increasingly referred to the necessity for an investor to conduct a due diligence investigation before investing in a host state. Foreign investors have been required to assess not only commercial…

This article is the English translation of the article published in French "Autant en emporte le vent...de l'arbitrage". It is a history about how the field of dispute resolution has evolved in the past 40 years. The author shares personal views and observations about the changes and evolutions in this…

According to the orthodox approach in major arbitration texts, arbitration is considered as operating outside state structures. States consent to arbitration on the basis of the arbitration agreement, and the scope of national court power is inherently restricted by this. In the words of Redfern and Hunter, arbitration is a…

Force est de constater que l’environnement de l’arbitrage a changé depuis les années 70 et que l’arbitrage a connu un succès croissant. Certains changements furent des évolutions nécessaires, d’autres semblent parfois discutables selon le point de vue des personnes qui les évaluent. La dualité est en toute chose. Elle est le…

in Revista Internacional de Arbitragem e Conciliação, Ano XIV, 85-118, 2020

The contribution of national courts to international law has long been doubted in the international law literature. As an aspect of the state’s power to prescribe, courts have been conceived as organs that merely apply the state’s laws, which may give effect to an international law norm. According to this…

The Appellate Court in Wrocław, Poland (Case No. I ACa 1109/17) considered the question of whether the principle that a case must be examined comprehensively and that doubts must be cleared to the fullest extent possible before the tribunal renders an award constitutes one of the basic principles of Polish…

in PLMJ Arbitration Review, N. 3, 63-80, 2019

Interview with Amanda Lee

The Arab Spring erupted in Tunisia in December 2010 and quickly spread to Egypt, Libya, Yemen, Bahrain, and other countries of the Arab World in 2011 and 2012. As I wrote in a 2015 Kluwer Arbitration Blog post, The Evolution of Arbitration in the Arab World, the uprisings of…

One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award

The notion of Corporate Social Responsibility (CSR) is gaining momentum in international investment law. States continue to include the CSR provisions in their newest international investment agreements (IIAs). In addition to typical CSR clauses directed at states to encourage investors to incorporate the internationally recognized standards on CSR (e.g…