TDM - Transnational Dispute Management
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)
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.
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.
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.
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.
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.
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.
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.
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)
- TDM 6 (2012) - FDI Moot 2012
- TDM 4 (2012) - International Arbitration and Dispute Resolution - CILS 2012
- TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
- TDM 3 (2012)
- TDM 2 (2012) - FDI Moot 2011
- TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
- TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law
- TDM 2 (2011) - regular issue
- TDM 1 (2011) - regular issue
- TDM 4 (2010) - China
- More ...
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).
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.
- Feb 25
- New material for TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap special
- Feb 06
- Unfulfilled Promises: Safeguarding the Horse Culture of American Indians
- Feb 05
- Protection Mechanisms for Cultural Expressions under Threat
- Jan 30
- Sobre la Consulta Previa en la Jurisprudencia de la Corte Interamericana de Derechos Humanos
- Jan 14
- Book Review - Nuts and Bolts of the Arbitration Process
- Jan 06
- Opportunities and Risks in the Upcoming BG Group v Argentina Decision
- Dec 12
- Temporal Validity of International Investment Agreements: A Large Sample Survey of Treaty Provisions
- Nov 13
- Prospects in International Investment Law and Policy (eds R. Echandi and P. Sauvé) - Book review
- Oct 31
- Does Russia need Production Sharing Agreements? by Prof. Dr. Kaj Hobér (addendum TDM 4 (2013))
- Oct 29
- Fakes, Fears, and Findings - Disputes over the Authenticity of Artworks
- Oct 22
- Usury and Other Defenses in U.S. Litigation Finance
- Oct 22
- The Intersection of International Trade and International Arbitration: Suspending Trade Benefits to "Encourage" Compliance with ICSID Awards
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 practioners, 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.
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.
- The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
Editors: Prof. Wenhua Shan and Mark Feldman
See also are previously published specials.
Mark Kantor, Editor-in-Chief
Maurice Mendelson QC, (OGEMID)
Barrister, Blackstone Chambers
Sophie Nappert, (OGEMID)
3 Verulam Buildings
Dr. Sébastien Manciaux, (OGEMID)
University of Bourgogne, CREDIMI
Baiju S. Vasani, (OGEMID)
Also see: Editorial Team.
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:
You can find a more extensive overview here.
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 www.ogel.org 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)
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.