TDM - Transnational Dispute Management
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)
The University of Ottawa won the 2012 FDI Moot Skadden Arps Trophy ahead of King's College London before an ad hoc committee composed of Prof. William Park, Prof. Andrea Bjorklund, and Mr. Doak Bishop.
Harvard Law School prevailed over NYU in the 3rd place match before Ms. Silvia Marchili (King & Spalding), Prof. Andrew Newcome (University of Victoria Faculty of Law) and Mr. Tim Nelson (Skadden, Arps, Slate, Meagher & Flom LLP). The next finals will be held at the Frankfurt International Arbitration Centre, 24-26 October 2013. The best memorials and counter-memorials appear in this issue of TDM.
The papers in this issue were presented at the 7th Biennial Symposium on International Arbitration and Dispute Resolution organized by the Center for International Legal Studies and held (CILS) in Salzburg in May 2012. Many thanks to Manuela Wedam & Christian Campbell (CILS) and the conference chairs Laurent Hirsch (Hirsch Kobel) and Lawrence Schaner (Jenner & Block) for their work on this special and the opportunity to publish this on TDM.
Professor A.F.M. Maniruzzaman and Gary Born edited this special in which over two dozen practitioners and academics 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.
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.
Led by a team including Tony Cole and Barnali Choudhury (Queen Mary, University of London) a series of four mini - seminars will start in October. Topics: 1. BITs and FDI; 2. Investment Arbitration Claims and State Policy Freedom; 3. Investment Arbitrators and the Public Interest; 4. Diversity, Expertise and the Selection of Investment Arbitrators.
- 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
- Oct 22
- International Investment Law. The Sources of Rights and Obligations (Eds.T. Gazzini and E. De Brabandere) - Book Review
- Sep 13
- An International Investment Policy Landscape in Transition: Challenges and Opportunities
- Sep 09
- Public Interest in a Private Procedure - What Burden of Proof for Allegations of Corruption in International Arbitration?
- Aug 27
- Integrating Sustainable Development Into International Investment Agreements, A Guide for Developing Country Negotiators (J.A. VanDuzer, P. Simons, G. Mayeda) - Book Review
- Jul 17
- Reflections on the Origins and Evolution of the International Minimum Standard of Treatment
- Jun 14
- Expertise in International Arbitration
- Jun 14
- From "Dealing in Virtue" to "Profiting from Injustice": The Case Against Re-Statification of Investment Dispute Settlement
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.
- Reform of Investor-State Dispute Settlement: In Search of A Roadmap
Editors: Jean Kalicki and Anna Joubin-Bret
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.