TDM - Transnational Dispute Management

TDM 6 (2015)

TDM 6 (2015) After a series of TDM specials in 2015, we hereby publish the last issue of the year which covers a variety of topics including Context & Culture, the Costs of Arbitration, Investment Treaties, Int'l Commercial Arbitration, ISDS, Investment Law, Mediation and ADR and other topics of interest.

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TDM 5 (2015) - Yukos special

TDM 5 (2015) - Yukos special Few things can concentrate the mind as much as an award of $50 billion dollars. When the three parallel awards in the Yukos dispute were released in mid-2014, TDM and OGEL therefore immediately called for papers to comprise a Special Issue. Our range of topics includes discussions of the legal aspects and computation of the record-setting damages award; and the attention-getting rulings in the arbitrations on contributory fault, the treatment in the Awards of the Russian tax regime, and the acceptance by the tribunal of illegally-obtained evidence; the terms on which the Yukos awards may be enforced in Russia and England; the damages aspects of the Awards. We have "advance published" those very useful papers, to assure TDM and OGEL readers access to timely observations on various aspects of the largest international arbitration awards we have yet to see. And we are now presenting these papers formally as our Special Issue on the Yukos Awards.

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ArbitralWomen/TDM: Dealing with Diversity

TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration Editors Louise Barrington (Independent Arbitrator and Director Aculex Transnational Inc) and Rashda Rana SC (39 Essex Street, President ArbitralWomen) prepared this ArbitralWomen/TDM special on "Dealing with Diversity in International Arbitration". In this special authors from around the globe place the arbitration community under a microscope, analyze critically what they find, ask whether we can do it better with diversity, how diversity will improve the process and how to bring diversity into the mainstream of the arbitration world.

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TDM 3 (2015) - Renewable Energy Disputes

TDM 3 (2015) - Renewable Energy Disputes This joint OGEL and TDM Special issue focuses on renewable energy disputes at the level of international, European and national law. There are many ongoing cases at all three levels. Recent and ongoing renewable energy disputes under international law have concerned international investment law and WTO law. Recent renewable energy disputes at European level have mostly related to the free movement provisions of EU Treaty law. Contractual arrangements and connection issues serve as illustrations of private and contractual disputes in these areas at national level....

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TDM 2 (2015) - MENA

TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future Editors Craig Shepherd and Mike McClure (Herbert Smith Freehills LLP) prepared this TDM special on "Arbitration in the Middle East: Expectations and Challenges for the Future". The papers in this special, which between them discuss the arbitral regimes in Bahrain, Egypt, Iran, Iraq, Jordan, Lebanon, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Syria, Turkey and the United Arab Emirates (UAE), together with investment treaty arbitration and general trends in the MENA (Middle East and North Africa) region, address the increasing use of arbitration in the Middle East, and the increasing use of Middle East seats.

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TDM 1 (2015) - Pacific Rim ...

TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century. Edited by Mark Feldman (Peking University School of Transnational Law) and Wenhua Shan (Xi'an Jiaotong University) this TDM special on "The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century" addresses key issues facing the Pacific Rim region at a particularly opportune time: a moment when the Pacific Rim region is shaping, to a very significant extent, the international economic law architecture for the 21st century. The special is introduced by J. Christopher Thomas, Q.C..

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TDM 6 (2014) - Corporate Perspective

TDM 6 (2014) - Dispute Resolution from a Corporate Perspective This TDM Dispute Resolution from a Corporate Perspective special edited by Kai-Uwe Karl (General Electric), Abhijit Mukhopadhyay (Hinduja Group) and Heba Hazzaa (Cairo University) brings the corporate voice to the debate about reforming alternative dispute resolution and effective conflict management. As users of legal services at all stages, transactional or post conflict, corporations expect a "service provider" mindset from the legal profession. Lawyers from both sides of the corporate structure tend to respond differently to those needs. Legal "re"training is inevitable if lawyers are observing the emerging trends in conflict resolution. After years of arbitration reign in the world of alternative dispute resolution (ADR), we are witnessing a rise in mediation and negotiations. This development affects legal training and practice in numerous ways. As we see throughout the special, corporate perspective prompts innovation in dispute resolution management in a variety of ways.

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TDM 4 (2014) - CILS

TDM 4 (2014) - Biennial Symposium on International Arbitration and Dispute Resolution Five articles have been selected for publication from the presentations given at the Biennial CILS International Arbitration Symposium held 22-25 May at Leopoldskron Palace in Salzburg, Austria. The arbitration symposium emerged from the construction law conferences James J Myers began organising with CILS in the late 1990s. This eighth iteration of the symposium was chaired by Mr Laurent Hirsch of Hirsch Kobel, Geneva and Ms Silvia Marchili of King & Spalding, Houston, who assembled a varied program of expert and entertaining panellists and moderators from around the world.

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TDM 5 (2014) - FDI Moot 2014

TDM 5 (2014) - FDI Moot 2014 The top memorials produced by Harvard Law School, University of Ottawa, University of Warsaw, and Johannes Gutenberg University of Mainz during the FDI Moot 2014 are published in this annual TDM special.

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TDM 3 (2014)

TDM (3) 2014 In this video Sophie Nappert and Mark Kantor introduce TDM 3 (2014). Watch on TDM or YouTube.

Not a subscriber yet? Sign up for our update e-mails here or follow us on LinkedIn, Twitter or Facebook. You can apply for OGEMID membership here.

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TDM 2 (2014) - Intangible Heritage Disputes

TDM 2 (2014) - TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes This Special Issue follows and complements TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law. Taken together the two special issues adopt a holistic approach to cultural heritage, considering the dynamic link or dialectical relationship between the tangible and intangible heritage. As intangible heritage is made up of processes and practices-its fate depending on oral transmission and being closely related to its creators and context-it may need ad hoc safeguarding approaches and methodologies. In particular, this special issue aims to explore some examples of intangible heritage related disputes, highlight the main tenets of the Convention for the Safeguarding of the Intangible Cultural Heritage, and suggest avenues for ways forward and further research. Guest editors: Dr. Valentina Vadi (Lancaster University) and Prof. Hildegard Schneider (Maastricht University)

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TDM 1 (2014) - Reform of ISDS...

TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap Edited by Jean E. Kalicki (Arnold & Porter LLP and Georgetown University Law Center) and Anna Joubin-Bret (Cabinet Joubin-Bret) this TDM special issue on the "Reform of Investor-State Dispute Settlement: In Search of a Roadmap" has more than 60 papers making it the largest TDM Special Issue to date. The interest in this topic, and the breadth of proposals offered by our contributors, demonstrates both the importance of holding this dialogue and the creativity of astute users and observers of the present system. This Special Issue is particularly timely in light of the European Union public consultation on investor-state dispute settlement and the Transatlantic Trade and Investment Partnership just begun by EU Trade Commissioner Karel De Gucht.

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TDM 5 (2013) - Art & Heritage Disputes

TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law In this TDM special on Art and Heritage Disputes in International and Comparative Law guest editors Dr. Valentina Vadi (NYU, Lancaster University) and Prof. Hildegard Schneider (Maastricht University) aim to identify, map and critically assess key themes and features of the numerous art and heritage disputes which have arisen in the past decades. In the introduction article the editors map the key features of these disputes and assess the contribution that these cases offer to the development of international law in both its public and private dimensions. A separate volume to be published early 2014 will focus on intangible heritage disputes.

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TDM 4 (2013) - 10 years of TDM

TDM 4 (2013) - Ten years of Transnational Dispute Management (TDM) We are pleased to publish this special anniversary issue. Ten years of TDM: A satisfying journey for those who started along the path with our founder Prof. Thomas Wälde in 2003 and for those who have joined along the way. We would like to thank all the guest editors of TDM Specials, all the contributing authors to TDM and of course the (frequent) participants in (Young-)OGEMID discussions over the years. Editor-in-Chief Mark Kantor introduces this special issue ... read more.

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TDM 3 (2013) - Corruption and Arbitration

TDM 3 (2013) Corruption and Arbitration This special issue on Corruption and Arbitration analyzes new trends, developments, and challenges respecting the intersection between, on the one hand, allegations, suspicions or findings of corruption and, on the other hand, decisions by arbitral tribunals regarding jurisdiction, admissibility and the merits of commercial and investment disputes. Many thanks to the Editors Prof. Dr. Richard Kreindler (Shearman & Sterling LLP) and Carolyn B. Lamm (White & Case LLP) and to their colleagues Hansel Pham (White & Case) and Marc Jacob (Shearman & Sterling) for their assistance and support during the preparation of this interesting special issue of TDM.

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TDM 2 (2013) - EU Investment Treaties ...

TDM 2 (2013) EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges Prof. Dr. Christian Tietje and Dr. iur Richard Happ edited this special on the EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges for TDM. Apart from taking stock of the current developments, this issue tries to reflect on the remaining challenges and possible solutions for open questions. It also includes a study requested by the European Parliament's Committee on International Trade which is made available on TDM with kind permission.

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TDM 1 (2013) - Human Rights

TDM 1 (2013) Aligning Human Rights and Investment Protection This TDM special on Aligning Human Rights and Investment Protection is edited by Professor Dr. Ursula Kriebaum (University of Vienna) and analyses the possibility of courts and tribunals operating in the fields of human rights and international investment protection to take into account the concerns of the other field of law. This issue is a welcome addition to the human rights related material available on TDM and we like to thank Professor Kriebaum for her work on this special.

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TDM 7 (2012)

TDM 7 (2012) regular issue This last issue of 2012 is a regular issue covering a variety of topics including Third Party Funding, Ecuador v Chevron in the Canadian courts, Damages in Guinea v DRC (by J.R. Cook) and papers having a closer look at Investor-State Disputes by Prof. L. Trakman, G. Kahale, III and Mark Kantor. This issue also includes and a number of case comments and book reviews. In 2013 a number of specials will be published: Aligning Human Rights and Investment Protection; Corruption in Arbitration; and the EU and Int'l Investment Protection Law and Arbitration.

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TDM 5 - Legal Issues in Tobacco Control

TDM 5 (2012) Legal Issues in Tobacco Control This TDM Special offers a timely look at the Legal Issues in Tobacco Control in the lead-up to the Fifth Session of the Conference of the Parties to the WHO FCTC, to be held from 12 to 17 November 2012 in Seoul ('COP5'). The contributors to the Special Issue discuss a range of disputes and negotiations concerning tobacco control regulation, offering insights into the legal questions at issue, their political ramifications, and their future resolution. The contributions address the broad themes of trade and investment in tobacco, the WHO and the WHO FCTC, plain tobacco packaging, and flavoured cigarettes, as introduced by the editors of the special Prof. Andrew Mitchell and Associate Prof. Tania Voon (Melbourne Law School)

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Previous Journal issues ...

Young-OGEMID symposium

The 2nd Young-OGEMID Symposium "Sound Off: How to Get a Speaking Slot in International Arbitration" will start on February 8th.

Young-OGEMID's second virtual symposium discusses how junior lawyers can get a speaking slot at a professional or academic conference on international arbitration. Speakers come from around the world (Austria, Canada, Hong Kong and the United States) and discuss various issues of interest, including how organizers pick speakers, how to get noticed by conference organizers, and how speaking engagements can help your career.


  • Dr. Shahla Alis (HKU Faculty Law)
  • Chris Campell (CILS)
  • Sarah McEachern (Borden Ladner Gervais LLP)
  • Professor Christopher R. Drahozal (University of Kansas, School of Law)

Suggestions for topics for future Y-O Symposia are welcome.

› Students and (junior) Associates can apply for their free membership here.

Case Reports (free)

free download of case report ...

free download of case report ...

free download of case report ...

free download of case report ...

Case reports provided by International Arbitration Case Law.

Advance publication

Dec 22
Case Comment: Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) Company of China, Limited v. Kingdom of Belgium - A Jurisdictional Black Hole Between Two BITs?
Dec 21
Dispute Settlement in the Area of Space Communication - 2nd Luxembourg Workshop on Space and Satellite Communication Law - Mahulena Hofmann (Ed.) - Book Review
Dec 04
Discovery in International Civil Litigation: A Guide for Judges
Sep 25
The European Commission’s Approach to the Transatlantic Trade and Investment Partnership (TTIP): Investment Standards and International Investment Court System
Aug 17
The Protection of Legitimate Expectations under Investor-State Dispute: Case Studies of Vietnam
Aug 12
Res Judicata in International Arbitration: To What Extent Does an Arbitral Award Prevent the Re-Litigation of Issues?
Jul 17
Addendum TDM 4 (2015) - Islamic Finance Arbitration: Is It Possible for Non-Muslims to Arbitrate Islamic Financial Disputes?
Jul 13
International Investment Law and the Protection of Foreign Investment in Brazil
Jul 13
A Hermeneutical Perspective upon the 'Mitigation of Damages' Principle: The Metamorphosis of a Concept in International Law
Jul 07
International Commercial Arbitration: Allocation of Competence between Municipal Courts and Arbitral Tribunals under Article II(3) of the 1958 NY Convention and Anti-Suit Injunctions under Brussels I (Recast) and Gazprom OAO
Jun 29
Where do we stand? Where should we go? An assessment of recent costs allocation trends in international commercial and investment arbitration
Jun 25
Yukos v. Russian Federation: Observations on the Tribunal's Ruling on Damages

Full listing...


Judge Stephen Schwebel

Keynote Address by Judge Stephen M. Schwebel (International Arbitrator) during the Roundtable Series for Legal and Business Solutions: Commercial, Political, and Regulatory Risks: Bringing the Rule of Law to Your Foreign Investments held on 25 February 2015 in Washington, D.C.

You can watch the video here.



Call for CETA Papers

CETA We are seeking proposals for articles on various aspects of the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA).
Editors: Herfried Wöss, Fabien Gélinas, Andrea Bjorklund, and John Gaffney. Read more...

Call for contributions

OGEMID Seminars program

Led by a team including Tony Cole and several others a series of four mini - seminars started in October 2013. Topics: 1. BITs and FDI (Oct. '13); 2. Investment Arbitration Claims and State Policy Freedom (March '14); 3. Investment Arbitrators and the Public Interest (2014); 4. Diversity, Expertise and the Selection of Investment Arbitrators (2014).


Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century

Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century. Published by TDM-OGEMID and Brill Nijhoff.

More information

Michael Hwang S.C.

Michael Hwang S.C. - Selected Essays on International Arbitration

Selected Essays on International Arbitration
by M. Hwang S.C.

Published Academy Publishing in November 2013, this book is now available as a free download here.

Liber Amicorum: T. Wälde

Liber Amicorum: Thomas Wälde

A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought was published in 2009 by CMP Publishing Ltd. in honour of Thomas Wälde. The editors Jacques Werner and Arif Hyder Ali gathered an impressive collection of essays by practitioners, arbitrators and professors who knew Thomas Wälde in a modest effort to capture Thomas' never ending interests. This book is now available on OGEL and TDM with the kind permission from the publisher. For subscribers the chapters are available as individual papers, all others may download the entire book as a free download.

TDM News Digest

Contribute (Short) Comments & Papers

We are looking for both short comments on recent developments of broad interest and longer academic style papers. We would like, such comments and papers to be backed-up by provision of in-depth notes and articles and primary legal and regulatory materials.

Given TDM's role as the principal international arbitration network, we are looking to re-publish quality and relevant studies published elsewhere - and would appreciate help in identifying such studies and, where possible, get the authors' (or other right-holders') consent.

For more information or suggestions, please contact our Editor in Chief, have a look at our submission guidelines and read our Call for Papers section.

Call for contributions

See also are previously published specials.

TDM Editorial Committee

Mark Kantor, Editor-in-Chief
View profile

Sophie Nappert, (OGEMID)
3 Verulam Buildings
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Dr. Sébastien Manciaux, (OGEMID)
University of Bourgogne, CREDIMI
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Baiju S. Vasani, (OGEMID)
Jones Day
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Maurice Mendelson QC, (OGEMID)
Barrister, Blackstone Chambers
View profile

John P. Gaffney, (OGEMID)
Al Tamimi & Company
View profile

Also see: Editorial Team.


Did you know that 1304 authors from all over the world have contributed to TDM? See our overview of contributing authors for more information.

Why not submit papers for publication yourself and become part of the TDM network.


The number of TDM subscribers is increasing continuously; there is an increasing number of major international companies, universities, governmental organisations, law firms (mainly those with a claim to special competence in international dispute management and arbitration), international agencies and academic and think-tank institutions in the field of dispute management and arbitration. A selection in random order:

  • International Centre for Settlement of Investment Disputes
  • World bank
  • MIGA - Multilateral Investment Guarantee Agency
  • Inter-American Development Bank
  • Organisation for Economic Co-operation and Developmen
  • Herbert Smith Freehills LLP
  • wilmerhale cutler pickering hale and dorr llp
  • Norton Rose Fulbright
  • Shearman & Sterling LLP
  • Dentons
  • ExxonMobil

You can find a more extensive overview here.

OGEL (Transnational Dispute Management sister publication)

Oil, Gas and Energy Law Journal Oil, Gas and Energy Law (OGEL, ISSN 1875-418X) is a comprehensive and innovative information service with a focus on oil-gas-energy law, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting, including the oil-gas-energy geopolitics. See for more details on published issues and details on how to contribute. Be sure to check out our special arrangement for a combined OGEL/TDM subscription.


International dispute settlement is a relatively new field of academic study that increasingly combines private and public international law and raises enduring issues of global importance. The growth of the field of international dispute settlement in practice, the novelty and significance of the issues posed, and the originality of the academic angle from which such issues need to be addressed are the factors that triggered the launch of the Journal of International Dispute Settlement. Available at a discounted rate for subcribers of TDM.

Centre for Energy, Petroleum and Mineral Law and Policy
(CEPMLP, University of Dundee)

Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP, University of Dundee) The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee is the internationally renowned graduate school in the field of international business transactions and natural resources and energy law and policy.

The interdisciplinary approach to teaching, research and consultancy provides a unique perspective on how governments, business and communities operate, providing the professionals of today with the ability to meet the challenges of tomorrow.