Publications
ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals
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The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
Author: Athina Fouchard Papaefstratiou | Publish Date: 29 December 2015On 12 November 2015, the European Commission rendered public and put on the negotiation table with the United States a proposal regarding the investment chapter of the draft Transatlantic Trade and Investment Partnership between the EU and the US (TTIP). The text contains tentative remedies for major current criticisms against… -
Growing Appreciation for Arbitration for Trade and Investment disputes in Latin America. (Moving towards English Common Law)
Author: Monica Feria-Tint | Publish Date: 11 December 2015The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world, but it is also a region experiencing a growth in importance for international commerce in all areas. In this context, Monica Feria-Tinta questions whether arbitration… -
Penalty rule overhauled by the Supreme Court after 100 years
Author: Marcela Calife Marotti | Publish Date: 07 December 2015 -
Reshaping the Investor-State Dispute Settlement System - Journeys for the 21st Century
Author: Anna Joubin-Bret | Publish Date: 01 December 2015 -
Striking the right balance - The roles of arbitral institutions, parties and tribunals in achieving efficiency in international arbitration
Author: Marily Paralika | Publish Date: 01 December 2015 -
Virtual Round Table - Technology, Media & Telecommunications 2015 PDF
Author: Oluwatosin Lewis | Publish Date: 30 November 2015In Technology, Media & Telecommunications 2015 Roundtable, nine experts from around the world discuss the latest regulatory changes and interesting developments in their jurisdiction
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Resolving the Meaning of Dispute Resolution Provisions Written in Multiple Languages
Author: Victoria Safran | Publish Date: 10 October 2015 -
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DC.IBLJ.India Anti-Arbitration Injunctions.10.2015
Author: Delphine Constantin | Publish Date: 01 October 2015In a series of recent decisions, Indian high courts have considered requests for anti-arbitration injunctions by Indian parties - in the context of concurrent arbitration proceedings initiated in a foreign seat. This note reviews selected cases which together contribute to define the scope of anti-arbitration injunctions on the basis…
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Arctic drilling - Shell exploring the cold waters of the Arctic
Author: Marcela Calife Marotti | Publish Date: 22 September 2015 -
Corporate Social Responsibility An Asian Perspective
Author: Cyril Shroff | Publish Date: 01 August 2015A number of Asian jurisdictions have incorporated Corporate Social Responsibility (CSR) into their domestic legislation – in many instances, ahead of Western legal systems. India’s new Companies Act, 2013 has formalized obligations that pre-existed under the country’s tradition of community involvement. In effect, Indian companies and business scions in the…
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Enforcement of arbitral awards against Thailand From Walter Bau to Hopewell pathways to Bangkok Don Muang Airport
Author: Vanina Sucharitkul | Publish Date: 01 August 2015Two parallel toll-road projects commenced in the 1990s, a year apart, connecting Bangkok city to its Don Muang International Airport. Two disputes followed, with two arbitral awards rendered also a year apart. In light of Thailand's refusal to comply with either of the awards rendered against it, what can foreign… -
TTIP: The French Proposal For A Permanent European Court for Investment Arbitration
Author: Athina Papaefstratiou Fouchard | Publish Date: 22 July 2015On 2 June 2015, the French Minister of Foreign Trade, Matthias Fekl, submitted to the European Commission a proposal regarding the Investor-State dispute settlement (ISDS) mechanism included in the project for a Transatlantic Trade Investment Partnership between the US and the EU (TTIP). The French Proposal is one further addition… -
When did the Doors to Dispute Resolution open for Women?
Author: Mirèze Philippe | Publish Date: 07 July 2015Abstract
In a world where women outnumber men and where women are active in almost all business and legal fields, women remain under-represented in key positions. Women and men alike are trained and talented, and work as hard. Is the under-representation a question of discrimination or unconscious bias, or a…
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Achieving Gender Diversity for Future Generations in Appointments to International Commercial Arbitration Tribunals - A Focus on Scotland
Author: G. Carmichael Lemaire | Publish Date: 03 July 2015 -
Construction - China
Author: Helena H. C. Chen | Publish Date: 01 July 2015Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Construction 2016, (published in July 2015; contributing editors: Robert S Peckar and Michael S Zicherman, Peckar & Abramson PC) -
Construction - Taiwan
Author: Helena H. C. Chen | Publish Date: 01 July 2015Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Construction 2016, (published in July 2015; contributing editors: Robert S Peckar and Michael S Zicherman, Peckar & Abramson PC) -