Table of Contents

Editorial, Volume III, issue #05 - December 2006

The Proliferation of Disputes, Dispute Settlement Procedures and Respect for the Rule of Law

From Lovedays to ADR: Arbitration and Dispute Resolution in England 1066-1800 by Professor Sir John H. Baker

Awards of Compound Interest in International Arbitration: The Aminoil Non-Precedent

The Creeping Codification of Transnational Commercial Law: An Arbitrator's Perspective

Non-Discrimination and Equal Protection in the Inter-American System

The ILC Articles on State Responsibility: the Paradoxical Relationship Between Form and Authority

The Case for Arbitration Rules that Presumptively Grant Public Access to All Arbitration Proceedings

Public Policy and Private Arbitrators: Who Elected Us and What Are We Supposed to Do?

Non-Neutral Arbitrators

Transparency and Procedural Integrity of Arbitration - The Biwater Tribunal's Balancing Act

Security for Costs in International Arbitration

Costs - the Sting in the Tail

Both Sides of the Coin: A Decade of Parallel Proceedings and Enforcement of Foreign Judgments in Transnational Litigation

Getting the Money: When Can a Sovereign's Assets be Attached Before a Judgment Has Been Obtained on a Successful Arbitral Award?

Meaning of "Public Policy"

International and Domestic Arbitration Procedure: the Need for a Rule Providing a Limited Opportunity for Arbitral Reconsideration of Reasoned Awards

Two New Initiatives for Provisional Remedies in International Arbitration: Article 17 of the UNCITRAL Model Law on International Commercial Arbitration and Article 37 of the AAA/ICDR International Dispute Resolution Procedures

Amendments to ICSID Arbitration Rules and Regulations

Lightning Crashes or Mere Ray of Light? Recent Developments Regarding Transparency in ICSID Proceedings

The Future Convention on Exclusive Choice of Court Agreements and Arbitration - Parallel proceedings and possible treaty conflicts, in particular with ICSID and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

ICSID Amends Its Arbitration Rules

Revision of the Uncitral Arbitration Rules

Revision of the Uncitral Arbitration Rules - Annex 1: Comparison of provisions of the existing Rules and the proposed Rules

Revision of the Uncitral Arbitration Rules - Annex 2: Constitution of the Arbitral Tribunal

Revision of the Uncitral Arbitration Rules - Annex 3: Abbreviations

New ICDR International Emergency Measures Protection Rule

Frustrated US Courts Impose Sanctions for Frivolous Arbitration Award Challenges

Sanctions for Frivolous Challenges to Arbitration Awards

Federal Decree No. 43 for the Year 2006 Regarding The United Arab Emirates Joining the Convention of New York on Recognition and Enforcement of Foreign Arbitral Awards

Property in Commingled Gas - The Legal Structures Compared

International Arbitration and the Generation of Legal Norms: Treaty Arbitration and International Law

Interactions between Investment and Non-Investment Obligations in International Investment Law

The Doctrine of Indirect Expropriation in Light of the Practice of the Iran-United States Claims Tribunal

Some Observations on the Role of the State in Investor-State Dispute Settlement: Horizontal Issues over the Horizon

The Treatment of Contract-Related Claims in Treaty-Based Arbitration

Carlos Calvo Redivivus: The Rediscovery of the Calvo Doctrine in the Era of Investment Treaties

Fair and Equitable Treatment under Investment Treaties as an Embodiment of the Rule of Law

Investor-State Disputes arising from Investment Treaties: A Review

Developments in International Investment Agreements in 2005 - IIA MONITOR No. 2 (2006)

The Risk of Investment under the ICSID Convention

The International Investment Agreements and The Trade-Related Investment Measures' Agreement in the African context

The Influence of the Host State's Level of Development on International Investment Treaty Standards of Protection

Arbitrating with Sovereigns and State-Owned Entities

Tax on Investor-state Awards

The "Baby Boom" of Treaty-Based Arbitrations and the Jurisdiction of ICSID Tribunals-Shareholders as "Investors" under Investment Treaties

ICSID Arbitration Awards and Cost

Implications of International Trade and Investment Agreements for Water and Water Services: Some Responses from Other Sources of International Law

Risks for Property Rights in Latin America: How to get International Law Protection

The Wrongful Acts of Independent State Entities and Attribution to States in International Investment Disputes

Alex Genin, Eastern Credit Ltd., and AS Baltoil v the Republic of Estonia - Declaration of Professor Andreas F. Lowenfeld

Loewen Group and Another v. United States of America - Opinion of Christopher Greenwood, QC

Loewen Group and Another v. United States of America - Second Opinion of Christopher Greenwood, QC

Enforcement of Treaty Awards and National Constitutions (The Argentine Cases)

Recognition and Enforcement of Foreign Arbitral Awards in Ukraine

Dispute Resolution in Ukraine

The Ongoing Federalization of Commercial Arbitration in Montana

Peru: Arbitration and the Courts

Issues and Perspectives in the Recognition and Enforcement of International Arbitral Awards in Nigeria

International Arbitration Report 2006

International Arbitration: A Study into Corporate Attitudes and Practices

Developing a Culture of Arbitration in Brazil

Latin America Investment & Arbitration Law Bi-Monthly - November 2006

Latin America Investment & Arbitration Law Bi-Monthly - September 2006

Latin America Investment & Arbitration Law Bi-Monthly - July 2006

Latin America Investment & Arbitration Law Bi-Monthly - May 2006

Latin America Investment & Arbitration Law Bi-Monthly - March 2006

International Dispute Resolution Newsletter, June 2006

Arbitration newsflash June 2006, DentonWildeSapte

Chromalloy Redux: The Enforceability of Vacated Awards

The Final Decision in Methanex v. United States: Some New Wine in Some New Bottles

Inceysa Vallisoletana S.L. v. Republic of El Salvador ICSID Case No. ARB/03/26 - Decision on Jurisdiction, 2 August 2006

Counterclaims by the Respondent State in Investment Arbitrations - The Decision on Jurisdiction Over Respondent's Counterclaim in Saluka Investments B.V. v Czech Republic

After the Water War: The Battle for Jurisdiction in Aguas Del Tunari, S.A. v. Republic of Bolivia

Breaches of Contract and Breaches of Treaty - The Jurisdiction of Treaty-based Arbitration Tribunals to Decide Breach of Contract Claims in SGS v. Pakistan and SGS v. Philippines

The Vivendi Annulment Decision and the Lessons for Future ICSID Arbitrations - The Applicants' Perspective

'State of Necessity' Defence Accepted in LG&E v. Argentina ICSID Tribunal

Enforcement of $495 Million Award Against Non-Signatory Sovereign

Jurisdiction ratione temporis of ICSID Tribunals: Lucchetti and Jan De Nul considered

The Notion of Investor: Comment of Sedelmayer v. Russia, Generation Ukraine, Inc. v. Ukraine, Tokios Tokelés v. Ukraine, Plama Consortium Limited v. Bulgarie and Petrobart Limited v. Kirghizstan.

LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria (Case No. ARB/05/3). New Decision, July 12, 2006. (comment)

LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria (Case No. ARB/05/3). New Decision, July 12, 2006.

New US Case on "Public Use" Requirement for Eminent Domain/Expropriation

California Court Refuses to Enforce International Arbitration Award on Broad "Arbitrator Exceeded Authority" Basis

Celine Gueyffier v. Ann Summers, Ltd. (B186996. Los Angeles County Super. Ct. No. BS095483)

Barbados - Trinidad and Tobago Maritime Arbitration Award - A Summary

Decision on the Argentine Republic's Request for a Continued Stay of Enforcement of the Award (Rule 54 of the ICSID Arbitration Rules)

ICSID case law review - Chronique de Règlement Pacifique des Différends Internationaux (2002)

ICSID case law review - Chronique de Règlement Pacifique des Différends Internationaux (2003-1)

ICSID case law review - Chronique de Règlement Pacifique des Différends Internationaux (2003-2)

ICSID case law review - Chronique de Règlement Pacifique des Différends Internationaux (2004-1)

ICSID case law review - Chronique de Règlement Pacifique des Différends Internationaux (2004-2)

World Duty Free Company Limited (Claimant) v. the Republic of Kenya (Respondent) (ICSID Case No. Arb/00/7) - Award

Telenor Mobile Communications A.S. v. Republic of Hungary ICSID Case No. ARB/04/15 Decision on Jurisdiction, 13 September 2006

Bridas S.A.P.I.C., Bridas Energy International, Ltd ., Intercontinental Oil and Gas Ventures, Ltd ., and Bridas Corp, v. Government of Turkmenistan, Concern Balkannebitgazsenagat and State Concern Turkmenneft

Arbitration and State Immunity - Svenska v Lithuania

The Arbitrator is Counsel

Necessity in International Investment Arbitration - An Unnecessary Split of Opinions in Recent ICSID Cases? Comments on CMS v. Argentina and LG&E v. Argentina

The Transition from Communism: A Diagrammatic Exposition of Obstacles to the Demand for the Rule of Law

Yukos Affair: Review of the Criminal Sentence and Appeal

Franz J. Sedelmayer vs. The Russian Federation: The Tribulations of an Arbitral Award Winning Party

Arbitration Without Privity and Russian Oil: the Yukos Case Before the Houston Court

Yukos: La Corte di Houston Rifiuta di Trattare Il Caso

Swiss Federal Tribunal examines a Russian request to produce documents and to freeze bank account connected with Yukos case - Decision of 4 January 2006 04.01.2006 1A.215/2005

Swiss Federal Tribunal examines a Russian request to produce documents and to freeze bank account connected with Yukos case - Decision of 4 January 2006 04.01.2006 1A.216/2005

Swiss Federal Tribunal examines a Russian request to produce documents and to freeze bank account connected with Yukos case - Decision of 4 January 2006 04.01.2006 1A.217/2005

A Defendant in the EU, or the U.S. Ability to Choose Jurisdiction

Dutch Court Refuses to Enforce US Arbitral Awards on Public Policy Grounds for Violation of EU Competition Law

Unique Issues in Oil & Gas Contractual Disputes: Injunction, Multi-Party, Specific Performance, Forfeiture & Arbitrability

Unique Issues in Oil and Gas Disputes

Oil & Gas Arbitration - Some Historical Background and Current Significance

International Investment Disputes: Oil, Gas & Energy

Making the Energy Charter Treaty Too Investor Friendly: Plama Consortium Limited v. the Republic of Bulgaria

Investment Arbitration and Sustainable Development: Good Intentions - or Effective Results?

The Energy Charter Treaty Affords Investor Protections and Right to Arbitration

Methods of Dispute Resolution

The Hague Choice of Court Convention: Validating Party Autonomy and Providing an Alternative to Arbitration

Moral Perspectives on Gender and Successful Mediation

Privatizing Human Rights - The Interface Between International Investment Protection and Human Rights

Human Rights, Trade and Investment Matters

Alternative Approaches to Foreign Investment Protection

Taxation As Expropriation: Some Observations on EnCana v. Ecuador

Overview of recent OGEMID discussions

Selected book abstracts

Drafting International Contracts. An Analysis of Contract Clauses. Marcel Fontaine and Filip De Ly. (Book review)

Denial of Justice in International Law, by Jan Paulsson (book review)

International Centre for Dispute Resolution - 4th Annual Miami International Arbitration Conference (Conference Report)

The Journal of World Investment & Trade, Volume 7, April 2006, Number 2

The Journal of World Investment & Trade, Volume 7, June 2006, Number 3

The Journal of World Investment & Trade, Volume 7, August 2006, Number 4

The Journal of World Investment & Trade, Volume 7, October 2006, Number 5

Short overview of recently added material to the TDM Articles Archive