Publications

Litigate or arbitrate: The continuing debate

This article discusses the latest developments in the Caribbean courts relating to the issue of arbitration clauses vis-à-vis insolvency proceedings. The authors examine Kenworth Industrial v Xin Gang Power Investments [2022] ECSC J1111-2, the first reported decision in the British Virgin Islands dealing with the issue of the court's jurisdiction…

Escolha da Lei Aplicável a Providências Cautelares concedidas por Árbitros de Emergência [Choice of Law Applicable to Interim Measures granted by Emergency Arbitrators]

in Estudos em Homenagem à Professora Doutora Maria Helena Brito, Gestlegal, 2023

Brexit and Energy Law: Implications and Opportunities

Bringing together leading experts from across the UK and Europe, this book provides a comprehensive analysis of the impact of Brexit on the energy sector in the UK and in the European Union and its Member States. In recent decades, the trend within the EU has been towards greater integration…

What Now? Preliminary Thoughts on Obtaining Evidence in the U.S. under Section 7 of the Federal Arbitration Act in the Aftermath of ZF Automotive

What Now? Preliminary Thoughts on Obtaining Evidence in the U.S. under Section 7 of the Federal Arbitration Act in the Aftermath of ZF Automotive

Dispute Settlement-It’s What’s for Dinner: A Menu for Dispute Settlement in the Asia Pacific Region

The first formal negotiating round in the Indo-Pacific Economic Framework for Prosperity (IPEF) took place 10-15 December 2022 in Brisbane, Australia, and the next round is scheduled for 8-11 February 2023 in India. While the Biden Administration has launched a similar trade and economic initiative in the Americas and a…

The emergence of new contractual mechanisms in the Renewables energies sector

This article focuses both on specific contractual clauses necessary to apprehend particular features of certain sources of renewable energies and, more generally, on emerging contractual techniques used in the renewables sector.

From NAFTA to USMCA: Modifications to Investment Protections, a Guide for Lawyers and Foreign Investors

The following article discusses the changes in investment protections resulting from the 2018 adoption of the United States–Mexico–Canada Agreement (USMCA), a new treaty between the three neighboring countries, to replace the 1994 North American Free Trade Agreement (NAFTA).

It begins with an introduction to NAFTA, its contributions to the field…

The way forward in reforming the legitimate expectations test

This Perspective suggests including drafting guidelines for an investor’s legitimate expectations under an FET standard into IIAs. The author argues for a more structured methodological approach toward an assessment of legitimate expectations by way of the application of some elements of proportionally. Specific drafting suggestions are proposed.

World Arbitration Update: “Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World” – Book Launch Program

The current era of emergencies, which includes climate change, environmental challenges, armed conflicts, and health crises, has a profound impact on foreign direct investment (FDI). A panel held on 27 September 2022 as part of the second edition of the World Arbitration Update (WAU) engaged with the effect of such…

‘If Everyone Is Thinking Alike, Then No One Is Thinking’: The Importance of Cognitive Diversity in Arbitral Tribunals to Enhance the Quality of Arbitral Decision Making

The popularity and longevity of international arbitration depends heavily on the quality of

arbitral awards, the arbitral process, and the tribunals appointed by practitioners and institutions.

In this article, the authors argue that practitioners and institutions need to consider a more diverse

range of candidates for arbitrator appointments, to enlarge…