Transnational Dispute Management (TDM) Advance publication http://www.transnational-dispute-management.com/ The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management en Copyright 2004-2014, Maris http://www.transnational-dispute-management.com/ http://www.transnational-dispute-management.com/grfx/logo.gif Transnational Dispute Management (TDM) Advance publication 75 46 Jurisdiction and Applicable Law in Investment Treaty Arbitration http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=556 Christoph H. Schreuer

This article first discusses the law governing a tribunal’s jurisdiction. Jurisdiction is governed primarily by the instrument(s) bestowing jurisdiction. In the case of treaty arbitration, this will ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=556 Mon, 17 Nov 2014 00:00:00 +0200
Case Management in Transnational Disputes: The Benefits of Having a Litigation Action Plan http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=555 Emille Buziau, Jan Willem Groot

A transnational dispute entails various legal proceedings in multiple jurisdictions. This kind of highly complex litigation requires more extensive case management than ordinary litigation. The very ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=555 Mon, 17 Nov 2014 00:00:00 +0200
Comparing Political Risk Insurance and Investment Treaty Arbitration http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=554 Mark Kantor

One of the constants in Prof. Don Wallace's professional life has been the intertwining of political risk and arbitration. In honor of Prof. Wallace, this Essay addresses a question that arises in ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=554 Wed, 05 Nov 2014 00:00:00 +0200
Going First Makes a Difference: Decision-Making Dynamics in Arbitration http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=553 Mark A. Cymrot, Paul M. Levine

The chairman calls the hearing to order. Claimant's counsel stands, calls the first witness, and, instead of asking questions, sits down, looking apprehensive. His opponent rises with a glint in ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=553 Tue, 28 Oct 2014 00:00:00 +0200
Inside Counsel Should be Active in Mediation http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=552 David H. Burt

Although the contributions of neutrals and outside counsel in the mediation process are generally understood in the business dispute resolution community, the potential for key contributions by inside ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=552 Fri, 24 Oct 2014 00:00:00 +0200
Japan's Ambitious International Investment Agreement Policy - Laying the Groundwork for Future Disputes? http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=551 Tomoko Ishikawa, Michael G. Jacobson, Jonathan T. Stoel

Japan remains a global leader in international investment, and the Government of Japan recently has undertaken an increasingly ambitious approach to its international investment agreement (IIA) policy ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=551 Fri, 24 Oct 2014 00:00:00 +0200
Fruits of the Poisonous Tree: The Admissibility of Unlawfully Obtained Evidence in International Arbitration http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=549 James H. Boykin, Malik Havalic

One of the most interesting features of the three awards handed down in the arbitrations brought by the Yukos majority shareholders against the Russian Federation (hereinafter referred to as the ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=549 Tue, 21 Oct 2014 00:00:00 +0200
Mammoth Arbitrations: the Yukos Awards of 18 July 2014 http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=548 Sophie Nappert

This chapter was in progress when the Yukos Awards were handed down on 18 July 2014. It is very early days to provide meaningful comment on the tenor and impact of the Yukos cases, aside from noting ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=548 Tue, 21 Oct 2014 00:00:00 +0200
Addendum TDM 3 (2014): The Right to Consult and the Right of States to Grant Concessions for the Extraction of Natural Resources in the Territory of Indigenous or Tribal Communities in the Case Law of the Inter-American Court of Human Rights http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=547

This chapter was in progress when the Yukos Awards were handed down on 18 July 2014. It is very early days to provide meaningful comment on the tenor and impact of the Yukos cases, aside from noting ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=547 Mon, 20 Oct 2014 00:00:00 +0200
Yukos and Contributory Fault http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=545 Wojciech Sadowski

The concept of contributory fault in international law has been developed to address the consequences of blameable conduct of a party injured by an internationally wrongful act.  It has been ...
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http://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=545 Mon, 06 Oct 2014 00:00:00 +0200