TDM Journal (Transnational Dispute Management)

Professor A F M Maniruzzaman
University of Portsmouth
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Gary Born
Wilmer Cutler Pickering Hale and Dorr LLP
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TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia

In this issue, over two dozen practitioners and academics across the globe examine the changing practices in resolving international business disputes by Alternative Dispute Resolution (ADR) in Asia, a region that has experienced phenomenal growth in the use of ADR - and international arbitration in particular - to resolve international business disputes in recent years.

The ascendance of ADR in Asia is largely a product of the tremendous growth of Asian countries' economies and their increased participation in global commerce. The rise of China, India, and other Asian states as major investment destinations and the expansion of Asian multinational corporations overseas have increased business opportunities, and thus business disputes, in the region.

This special issue was prepared by Professor A.F.M. Maniruzzaman and Gary Born

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Editors:
Prof. Maya Steinitz
University of Iowa College of Law
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Joseph M. Matthews
Colson Hicks Eidson, P.A.
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TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes

Prof. Maya Steinitz and Joe Matthews prepared this TDM Special Issue on "Contingent Fees and Third Party Funding in Investment Arbitration Disputes". This (mini-)issue will hopefully help to advance the analysis of issues presented by the growth of contingent fee and third party funding arrangements in international arbitration, particularly investment arbitration.

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Associate Editors:
Dr. T. Weiler
Treatylaw.com

Dr. W. Ben Hamida
University of Evry Val d'Essonne & Sciences Po, Paris (France)

Assistants:
Heather Bray and Devin Bray.

TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law

Edited Dr. Todd Weiler, this TDM Special Issue addresses the intersections that exist between investment treaty law and international trade law. Issues addressed include: the use and relative applicability of substantive trade law concepts investor-state arbitration; an in-depth examination and analysis of the TRIMs Agreement; a comparison between most favored nation and national treatment clauses in WTO law and in international investment law, and research into the substantive and procedural standards offered by investment treaties and WTO agreements.

We would also like to thank Dr. Walid Ben Hamida, Heather Bray and Devin Bray for their ineluctable assistance in preparing this Special.

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Editors:
Peter William Thorp
Allen & Overy LLP

Prof. Tai-Heng Cheng
New York Law School

TDM 4 (2010) - China

In this issue, over a dozen articles by practitioners and academics from Asia, Europe and the United States examine the theory and practice of the resolution of trade and commercial disputes in and connected with China. We hope that the articles and comments in this Special Edition collectively convey a sense of the profound changes that are taking place and provide useful and thought-provoking information and analysis of investment and dispute resolution developments concerning China.

This special issue was prepared by Peter William Thorp (Allen & Overy LLP) and Professor Tai-Heng Cheng (New York Law School, Hoguet Newman Regal & Kenney LLP)

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TDM 3 (2010) - FDI Moot 2010

Thirty-two teams took part in the 2010 FDI Moot with teams from Australia, Argentina, Czech Republic, Ecuador, Georgia, Germany, India, South Korea, Lithuania, Poland, Russia, Serbia, Spain, Ukraine, The Netherlands, the United Kingdom, and the United States. The Russian Academy of Justice won the best Claimant Memorial (followed by Masaryk University and University of Warsaw). New York University (followed by Heinrich Heine University Düsseldorf and University of Delhi) won the Best Respondent Memorial. Many thanks to Christian Campbell, Center for International Legal Studies, and Professor Christopher Gibson, Suffolk University Law School, for their assistance in making this material available for TDM.

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Editor:
Barbara Helene Steindl
Brauneis Klauser Prändl Rechtsanwälte GmbH

ICC Austria

TDM 2 (2010) - Guerrilla Tactics in International Arbitration & Litigation

The interdisciplinary conference Guerrilla tactics in international arbitration & litigation organised by ICC Austria in November not only highlighted the legal aspects of this sensitive issue but also provided insights on how professional investigators, forensic experts and PR-specialists can offer preventive measures and means of defence. We would like to thank ICC Austria and Barbara Helene Steindl, Brauneis Klauser Prändl Attorneys-at-Law (bkp), for the opportunity to publish these papers on TDM.

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Associate Editor:
Dr. Herfried Wöss
Wöss & Partners, S.C.

TDM 4 (2009) - Latin America

Latin America has become an important user of arbitration and the major arbitration institutions have established offices in the area. Many leading investment arbitration awards arise from conflicts in Latin American countries. We would like to thank Dr. Herfried Wöss, partner of the Wöss & Partners lawfirm in Mexico, for his work as as editor for this special.

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Associate Editor:
Professor Ignacio Gomez-Palacio
Gomez-Palacio y Asociados

TDM 3 (2009) - NAFTA - Fifteen Years Later. Experiences and Future

We're very pleased to be able to publish this transcript of the "First Debate on NAFTA" prepared by Professor Ignacio Gomez-Palacio and two other moderators, Messrs. Eduardo Siqueiros Twomey, Alejandro Faya Rodríguez. This was a ground-breaking event and we hope the issues raised at the debate will be discussed further on OGEMID.

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(Associate) Editors:
James Hosking
Chaffetz Lindsey LLP

Markus Perkams
Skadden LLP

TDM 2 (2009) - The Protection of Intellectual Property Rights through International Investments Agreements - Only a romance or true love?

The protection of Intellectual Property Rights ("IPRs") through International Investment Agreements ("IIAs") is in many ways a fascinating topic: From a legal point of view, it raises complex questions as to the interaction between IIAs, national IPR legislation and international conventions already dealing with IPRs. From an economic point of view, it triggers the question whether IIAs can help to reduce the damage caused by illegal infringement of IPRs and thereby promote a climate that is favorable to innovation and economic growth. From a policy point of view, finally, it adds to the ongoing debate about the right balance to be struck between, on the one hand, providing effective protection of foreign investments (including intellectual property) and, on the other hand, providing sovereign states with sufficient flexibility to address essential public interests such as health. While the potential application of investment law to IPRs has been at issue since the earliest investment treaties were signed and while the topic is even more relevant in today's world, the body of work on this area is still in its infancy: cases are few and commentaries limited. The purpose of this Special Issue is to help to close this gap and to stimulate debate on the difficult matters expertly identified by the contributors. This special was prepared by James Hosking (Chaffetz Lindsey LLP) and Markus Perkams (Skadden).

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Associate Editor:
Sophie Nappert
3 Verulam Buildings

TDM 4 (2008) - Arbitrator Bias

A lawyer is trained to cast a dispassionate eye on most aspects of human behaviour. Yet the question of bias in arbitrators is a topic which elicits passionate views, even amongst the professionally dispassionate. In this issue, we have tried to approach bias with an open mind, so to speak, and cover several angles, in an attempt to understand the nature of the beast. Is bias the most inevitably human of conditions? Does it become part of one's very core and identity, not only as arbitrators or lawyers, but as individuals, as a consequence of factors largely beyond our control: the place where we were born, the culture in which we grew up, the education we received?

This special issue was prepared by Sophie Nappert, 3 Verulam Buildings.

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Associate Editor:
Matthew Weiniger
Herbert Smith

TDM 3 (2008) - Precedent in Investment Arbitration

The role played by precedent in investment arbitration is becoming more widely appreciated as the number of decided cases increases. This makes it easier to comment in an informed manner upon the inter-relationship between various tribunals. This Special arrives at a most appropriate time to digest, review and add to the growing amount of jurisprudence in this area. To the extent that investment treaty arbitration represents a fusion of the two worlds of international commercial arbitration and public international law, the fact that the awards are treated as having some precedent effect brings about substantive changes in both camps.

This special issue was prepared by Matthew Weiniger, Herbert Smith

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Associate Editor:
Richard E. Walck
Global Financial Analytics LLC

OGEL 3 (2007) / TDM 3 (2007) - Energy Litigation and Arbitration - Expert Perspectives

We are pleased that Richard Walck, Global Financial Analytics LLC, prepared this joint OGEL/TDM Special Issue on "Energy Litigation and Arbitration - Expert Perspectives". In this issue, we try to provide some thoughts on the use of experts in arbitration and litigation. While the stated focus in on the energy sector, some of the authors have written for a more general audience. Some articles are written by the experts; others about them.

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Associate Editor:
Elisabeth Eljuri
Macleod Dixon

OGEL 2 (2008) / TDM 2 (2008) - Venezuela: The battle of Contract Sanctity vs. Resource Sovereignty

This OGEL / TDM Special Issue on Venezuela: The battle of Contract Sanctity vs. Resource Sovereignty was prepared by Elisabeth Eljuri, the head of Macleod Dixon's Oil and Gas Department in Caracas, Venezuela. In this Special we have attempted to provide articles on a wide array of topics in the oil and gas as well as the arbitration areas.

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TDM 1 (2008) - UNCTAD Expert Meeting on Development Implications of International Investment Rule Making

In March 2007, the Commission on Investment, Technology and Related Financial Issues confirmed UNCTAD as the key focal point in the United Nations system for dealing with matters related to international investment agreements (IIAs), as part of its work on trade, investment and development. To this end, UNCTAD is also the forum to advance understanding of issues related to these agreements and their development dimension. This special feature puts together the contributions presented at the meeting. It also seeks to bring attention to UNCTAD's IIA-related activities, which build on more than 30 years of experience in matters related to foreign investment, trade and development.

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Associate Editor:
Dr. Irmgard Marboe
University of Vienna

TDM 6 (2007) - Compensation and Damages in International Investment Arbitration

The question of compensation and damages has recently attracted more attention in legal writing and practice than ever before. While for a long time lawyers have not been ready to devote time and in-depth analysis to valuation issues, they now increasingly realise and recognize the importance of coherent and comprehensible principles concerning the financial and economic aspects of the amounts to be claimed or awarded. However, the principles - both legal and economic - are still far from clear and/or generally accepted. The present Special TDM Issue attempts to shed some light on the existing approaches concerning the question of valuation in international investment disputes. It tries to do so primarily from the legal but also from the economic perspective. The authors of this issue, therefore, include both lawyers as well as valuation experts.

This special issue was prepared by Dr. Irmgard Marboe, University of Vienna.

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Associate Editor:
Professor Thomas Wälde
CEPMLP, University of Dundee

TDM 4 (2007) - The Hague 2004 Investment Seminar

New Aspects of International Investment Law - 2004 Research Seminar by the Hague Academy of International Law We are pleased to publish in this special issue on international investment law eight selected contributions originating in the 2004 Research Seminar by the Hague Academy of International Law (where I directed the English session). The full reports by Philippe Kahn and myself as well as a selection of the full-version papers has been published in July 2007.[1] The papers in this TDM Special Issue on the Hague 2004 research seminar on international investment law provide shorter versions, as well as the preliminary version of my own report.

This special issue was prepared by Professor Thomas Wälde, CEPMLP, University of Dundee

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Associate Editor:
Ryan J. Orr
Center for Research on Global Projects, Stanford University

TDM 2 (2007) - The Legacy and Lessons of Distressed and Failed Infrastructure Investments during the 1990s

Over the past decade-and-a-half, the developing world has been witness to a boom-bust cycle of private investment in infrastructure projects-roads, power plants, water projects, railroads, and the like. Many projects that were initiated during the 1990s were subsequently renegotiated at a loss to investors or even abandoned. The collection of articles presented here will be of interest to academics and practitioners interested in large-scale infrastructure development, long-term investment agreements, public-private partnerships, project finance, political risk management, renegotiation, dispute resolution, international arbitration, and bilateral investment treaties.

This special issue was prepared by Ryan J. Orr, Center for Research on Global Projects, Stanford University

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Associate Editor:
Haig Oghigian
Baker & McKenzie

TDM 1 (2007) - Arbitration & Mediation

As traditional arbitration is beginning to mirror litigation in domestic courts both in terms of time and cost, we in the international dispute resolution bar have an obligation to explore ways of providing new forms of effective and efficient dispute resolution. One of these approaches is commercial mediation. There is already a significant body of literature on the subject. This special edition narrows the focus a degree to examine the interrelationship between arbitration and mediation (med/arb or arb/med).

This special issue was prepared by Haig Oghigian, Baker & McKenzie

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Associate Editor:
Professor A.F.M. Maniruzzaman
University of Portsmouth

TDM 4 (2006) - Alternative Dispute Resolution in Asia

Traditionally, international commercial arbitration and for that matter arbitration in the oil, gas and energy sectors in Asia has been beset with many problems. They are mainly cultural, legal, institutional, and educational and legal infrastructural. Despite recent positive response to the global movement towards modernization and internationalization of arbitration in Asia, there still persist many difficulties in some countries, which merit special consideration. This article highlights those issues and recent legal developments and trends in that regard.

This special issue was prepared by Professor A.F.M. Maniruzzaman, University of Portsmouth

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TDM 6 (2006) - International Investment Law at a Crossroads (Harvard International Law Society)

The Transnational Dispute Management (TDM) publishers are delighted with this special feature about the conference organised on March 3, 2006. The Harvard International Law Society presented a day-long conference "International Investment Law at a Crossroads" designed both to introduce students to this thriving area of international law and to provide a forum for leading academics and practitioners who wished to discuss the major trends that have been affecting the field for the last fifteen years. The two morning sessions dealt with The Current International Investment Law Regime and Regulatory Autonomy, while the afternoon sessions focused on two more specific topics, namely The Economics of Investment Arbitration and Transparency and Investment Arbitration. Throughout the day, the seventeen speakers shared their views with the audience on the sometimes controversial aspects of the current evolutions and identified the challenges yet to come. We would like to thank Laurie Achtouk, Rostislav Pekar, Sabina Sacco and Jorge Viñuales of the Harvard International Law Society for their help in preparing this special issue and we are pleased to be able to publish a number of the papers presented at the conference as well as a tribute to Arthur von Mehren, to whom the conference was dedicated.

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Associate Editors:
Jean Kalicki
Arnold & Porter LLP

Mark Kantor
www.mark-kantor.com

TDM 1 (2006) - Litigating Across Borders: Hot Topics and Recent Developments in Transnational Litigation

Litigating Across Borders: Hot Topics and Recent Developments in Transnational Litigation On April 27, 2005, the District of Columbia Bar's International Dispute Resolution Committee and Litigation Section jointly sponsored a challenging program on "Litigating Across Borders: Hot Topics and Recent Developments in Transnational Litigation." The Program focused on the many special issues arising in U.S. court litigation involving parties from different countries, including forum selection issues, international evidence-gathering, foreign sovereign immunity, anti-suit injunctions and the problems of multiple proceedings in different forums, and enforcement of judgments. We therefore believe the Program will be of special interest to readers of Transnational Dispute Management with an interest in international litigation involving U.S. courts. The speakers comprised a number of leading international litigation practitioners as well as representatives from key U.S. Government offices responsible for these issues. The speakers and specific topics are identified below. The papers submitted by the panelists are included following the transcript of the proceedings.

This special issue was prepared by Jean Kalicki, Arnold & Porter LLP and Mark Kantor, www.mark-kantor.com

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TDM 4 (2005) - The Relationship Between Local Courts and Investment Treaty Arbitration

As part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law (www.biicl.org/itf) organized, on 10 September 2004, its third public conference addressing the issue of The Relationship between Local Courts and Investment Treaty Arbitration. There are a plethora of issues arising in respect of the coexistence of local and international courts and remedies stemming out from the complex web of international investment agreements and the ever-growing number of legal proceedings (both at the national and international level) brought by foreign investors against host States.

This special issue was prepared by Audley Sheppard, Clifford Chance, Federico Ortino, King's College London Hugo Warner, PricewaterhouseCoopers

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TDM 2 (2005) - Appeals and Challenges to Investment Treaty Awards: Is It Time for an International Appellate System?

The Transnational Dispute Management (TDM) publishers are delighted with this special feature about the second conference of the British Institute of International and Comparative Law's Investment Treaty Forum:
APPEALS AND CHALLENGES TO INVESTMENT TREATY AWARDS:
IS IT TIME FOR AN INTERNATIONAL APPELLATE SYSTEM?

This special issue was prepared by Hugo Warner (British Institute of International and Comparative Law) and Audley Sheppard (Clifford Chance)

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