TDM 5 (2023) - International Investment Arbitration - Environmental Protection and Climate Change Issues

The 2nd volume of our TDM Special Issues on "International Investment Arbitration - Environmental Protection and Climate Change Issues" edited by Prof. Dr A F M Maniruzzaman, Wendy Miles KC, Carla Lewis, and Dr Stephen Minas. Work on the 3rd volume is well underway.

Table of contents - International Investment Arbitration - Environmental Protection and Climate Change Issues

TDM 4 (2023)

This 4th issue of TDM in 2023 covers a variety of topics including the 2nd Consultation Paper on the English Arbitration Act 1996, TPF, European Rule of Law, MPIA Decisions, MFN Clauses, Regulatory Chill, several (Young-)OGEMID events reports, and more...

Table of contents

TDM 3 (2023) - National Courts as a Forum for the Resolution of Disputes under Article 26 ECT

This Special Issue addresses the topic from the perspective of the ECT and applicable int'l law and, especially, from the perspective of individual legal systems of EU Member States - it starts with contributions on the int'l perspective, before turning to EU Member States & focusing on the national approaches.

Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen and Catharine Titi.

Table of contents - National Courts as a Forum for the Resolution of Disputes under Article 26 ECT

TDM 2 (2023) - The African Continental Free Trade Area Agreement (AfCFTA)

This is the second of three volumes that TDM will publish covering the African Continental Free Trade Area Agreement (AfCFTA) - article proposals for volumee 3 will still be considered. (Editors Julien Chaisse, Jêdrzej Górski, Emmanuel Laryea, Makane Moïse Mbengue, and Kehinde Olaoye)

Table of contents - The African Continental Free Trade Area Agreement (AfCFTA)

TDM 1 (2023) - International Investment Arbitration - Environmental Protection and Climate Change Issues

The 1st volume of our TDM Special Issues on "International Investment Arbitration - Environmental Protection and Climate Change Issues" edited by Prof. Dr A F M Maniruzzaman, Wendy Miles KC, Carla Lewis, and Dr Stephen Minas. The 2nd volume will be published later in 2023.

Table of contents - International Investment Arbitration - Environmental Protection and Climate Change Issues

TDM 7 (2022) - FDI Moot 2022

The 2022 FDI Moot case deals with the indirect expropriation of the shares owned in a company, which in turn owns two cannabis plants. Tribunal: Sophie Nappert (presiding), Samuel Wordsworth KC, and Lucia Vilaseca

Table of contents - FDI Moot 2022

TDM 6 (2022) - Islamic Finance and Dispute Resolution

The Special Issue is organised thematically into: The Landscape of Islamic Finance; Jurisprudence and Law Applicable to Islamic Finance & Disputes; Dispute Resolution in Islamic Finance. Including a Foreword by Dr. Rami S. Abudaqqa (IICRA) and introduction by editor Professor Dr. A.F.M. Maniruzzaman.

Table of contents - Islamic Finance and Dispute Resolution

TDM 5 (2022)

This 5th issue of TDM in 2022 covers a variety of topics including Cyberattacks, ISDS, Compensation and Damages, International Arbitration, Various Case Comments, Book Reviews, several (Young-)OGEMID events reports, and more...

Table of contents

TDM 4 (2022) - The Future of Investment Law in Latin America

This is our third TDM Special Issue focusing on Latin America, this time edited by Francisco Victoria-Andreu and Dr. Sébastien Manciaux. The contributing authors address different angles and perspectives concerning the future of investment law and investment arbitration in Latin America.

Table of contents - The Future of Investment Law in Latin America

TDM 3 (2022) - 2021 SOAS Arbitration in Africa Conference

This Special Issue publishes some of the papers delivered at our 2021 SOAS Arbitration in Africa conference which was co-hosted with the Casablanca International Mediation and Arbitration Centre (CIMAC) and held virtually under the theme, "Navigating the interests of African states in international arbitration and mediation".

Review committee for this Special Issue: Professor Emilia Onyema; Professor Hiro Aragaki; Professor Paul Idornigie and Dr Chrispas Nyombi.

Table of contents - 2021 SOAS Arbitration in Africa Conference

TDM 2 (2022) - VI Symposium on Salient Issues in International Arbitration: Does a Transnational Legal Order Exist?

The bi-annual Symposium on Salient Issues in Int'l Arbitration took place on November 10 & 11, 2021 at the Center on Int'l Commercial Arbitration (AUWCL) under the theme "Does a Transnational Legal Order Exist in Int'l Arbitration?" Eds. Dr. B. Arp & Prof. Dr. K. Nadakavukaren Schefer

Table of contents - VI Symposium on Salient Issues in International Arbitration: Does a Transnational Legal Order Exist?

TDM 1 (2022) - Insolvency Proceedings and Arbitration

Special discussing the overlap between national bankruptcy / insolvency laws and arbitrations, with thanks to the IBA for their permission to republish the "Toolkit on Insolvency and Arbitration" in this issue.

Table of contents - Insolvency Proceedings and Arbitration

TDM 6 (2021) - FDI Moot 2021

The 2021 FDI Moot case deals with an aviation sector investment (acquired in a privatization program), which falters due to circumstances that the investor attributes to the economically distressed host State. The ensuing arbitration pursuant to a “new-generation” investment agreement and under the ICSID Arbitration (Additional Facility) Rules raises questions of the investor’s standing (due to the stake of its home State), of amicus brief admissibility, of the use of an MFN provision, of the nature of FET claims (denial of justice, creeping violations), and of appropriate standards of compensation. The tribunal was composed of Yas Banifatemi, Hi-Taek Shin, and Mitchel Dorbyk (presiding).

Table of contents - FDI Moot 2021

TDM 5 (2021) - Old and New Disputes in Aerospace Law

This Special Issue discusses various aspects of aerospace law related to dispute resolution. Editors: Prof. Zhao and Dr. Górski.

Table of contents - Old and New Disputes in Aerospace Law

TDM 4 (2021) - The African Continental Free Trade Area Agreement (AfCFTA)

This is the first of three volumes that TDM will publish covering the African Continental Free Trade Area Agreement (AfCFTA) - article proposals will still be considered. (Editors Julien Chaisse, Jędrzej Górski, Emmanuel Laryea, Makane Moïse Mbengue, and Kehinde Olaoye)

Table of contents - The African Continental Free Trade Area Agreement (AfCFTA)

TDM 3 (2021)

This 3rd issue of TDM in 2021 covers a variety of topics including ISDS, Compensation and Damages, International Arbitration, Mediation, Various Case Comments, Human Rights, several Young-OGEMID seminar reports, and more...

Table of contents

TDM 2 (2021) - The Impact of the COVID-19 Crisis on Challenges in Int'l Transactions and Int'l Dispute Resolution

This issue discusses national and global issues related to legal doctrines such as force majeure, changes in circumstances, hardship, impracticality, impossibility, frustration etc that have arisen due to the spread of COVID-19 and its impact on int'l disputes.

Table of contents - The Impact of the COVID-19 Crisis on Challenges in Int'l Transactions and Int'l Dispute Resolution

TDM 1 (2021) - Maritime Law Arbitration: Procedural and Substantive Issues

This issue deals with both peculiar substantive and procedural aspects of maritime law arbitrations and was edited by Dr. Mohsen Mohebi and Dr. Mojtaba Asgharian.

Table of contents - Maritime Law Arbitration: Procedural and Substantive Issues

TDM 7 (2020) - FDI Moot 2020

The 2020 FDI Moot case involves a coal power generation plant that is to be phased out well before it designed operational life. The phase-out is mandated by an instrument issued by the REIO of which Respondent is a Member State. The Claimant is a financial institution which bases its claim on its acquisition of the original financing agreement and related rights through assignment. One of the arbitrators is challenged, inter alia, based on views he has previously taken on environmental disputes. The tribunal was composed of Wendy Miles, QC (presiding), Charis Tan and Nikita Kondrashov.

Table of contents - FDI Moot 2020

TDM 6 (2020) - State-controlled Entities Regulation

In recent years, the operations of SCEs have increasingly been interwoven with the problem of FDI. This leads to many normative conflicts and complex transnational disputes which is the focus on this TDM Special. Eds. C. Bondy, J. Chaisse, H. Chen, J. Górski, D. Sejko, & R. Weeramantry.

Table of contents - State-controlled Entities Regulation

TDM 5 (2020) - The Interaction Between International Investment Law and Special Economic Zones (SEZs)

SEZs are important vehicles of a state's economic policy to attract foreign investments and this Special Issue focuses on the interaction with international law and arbitration. Editors: Dr. Yulia Levashova, Prof. Julien Chaisse, and Dr. Ilia Rachkov

Table of contents - The Interaction Between International Investment Law and Special Economic Zones (SEZs)

TDM 4 (2020) - International Arbitration in Times of Economic Nationalism

The bi-annual Symposium on Salient Issues in International Arbitration took place on November 14, 2019 at the Center on International Commercial Arbitration at the American University Washington College of Law under the theme International Arbitration in Times of Economic Nationalism.

Editors: Dr. Björn Arp & Dr. Rodrigo Polanco Lazo

Table of contents - International Arbitration in Times of Economic Nationalism

TDM 3 (2020) - The United States-Mexico-Canada Agreement (USMCA)

Whether the USMCA is truly much different than NAFTA, let alone an improvement on it, is a matter of much debate and this special issue of TDM sheds some light on these questions by bringing together contributions from leading legal academics and practitioners. Editors: Chi Carmody, Kathleen Claussen, David Collins, and Todd Weiler.

Table of contents - The United States-Mexico-Canada Agreement (USMCA)

TDM 2 (2020)

This 2nd issue of TDM in 2020 covers a variety of topics including ISDS, Compensation and Damages, International Arbitration, Energy Charter Treaty, Latin America, Mediation, conference material incl. several (Young-)OGEMID seminar reports.

Table of contents

TDM 1 (2020) - Post-soviet and Greater Eurasian Space

The papers in this Special Issue address several topics which can be divided into four parts: 1) EAEU's legal system; 2) ADR; 3) investment protection; and 4) development and sustainability issues.

Table of contents - Post-soviet and Greater Eurasian Space

TDM 6 (2019) - FDI Moot 2019

The FDI Moot 2019 case involved the Respondent State blocking social media platforms for their alleged part in fomenting civil unrest. The three Claimants alleged expropriation and violation of fair and equitable treatment, while the Respondent objected to the ICSID tribunal's jurisdiction on the basis of its denunciation of the ICSID Convention and the plurality of Claimants. The Respondent also sought to enjoin the Claimants' international media campaign against it while the proceedings were in progress. The tribunal was composed of Carolyn Lamm, Luis O'Naghten and Cristina Cárdenas. The final was held on 10 November 2019 at the University of Miami, School of Law.

Table of contents - FDI Moot 2019

TDM 5 (2019) - Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

The papers in this TDM Special Issue provide a useful starting point for further discussion and study about the inner-workings of the CPTPP and its impact on the various players in the Asia-Pacific region. The papers provide meaningful contributions on key chapters in the agreement and draw out themes, particularly those addressing the contours of sovereign authority within the international economic legal order, that will continue to frame discussions in global economic governance. Having said that, important work about the implementation, application, interpretation, and enforcement of the CPTPP remains. Issues such as trade facilitation and sustainable development, broadly conceptualized, will feature prominently in those discussions. And there is little question that the digital economy now plays a key role in the world marketplace, with states needing to think about the appropriate parameters of regulation in domestic and international spheres.

Table of contents - Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

TDM 4 (2019) - OGEL/TDM Special Issue: FDI Operations and Investment Disputes in the African Extractive Sector...

International investment agreements have played a key role in Africa's development. African States are party to numerous bilateral and multilateral investment treaties which have traditionally offered protection to foreign investors and which have permitted recourse to arbitration to settle investment disputes, under the auspices of the ICSID, or similar fora. African States increasingly participate in investment arbitration with foreign investors challenging the legality of regulatory measures in various areas. The Special issue sheds light on the protection of foreign investors in the African extractive sector and on the protection of numerous 'public interests' at stake in this sector. Thereby it seeks to contribute to a better understanding of the challenges raised by FDI operations in the African extractive sector and of their contribution to Africa's development and growth.

The papers in this Special Issue are based on presentations given at the conference held on 14 December 2017 in the Dubai International Arbitration Centre.

Lead editors of this Special Issue: Dr. Ana Gerdau de Borja Mercereau (Derains & Gharavi) and Prof. Dr. Yannick Radi (University of Louvain).

Conveners of the conference: Dr. Jean-Baptiste Harelimana (African Academy of International Law practice); Prof. Dr. Yannick Radi; and Dr. Ana Gerdau de Borja Mercereau.

Table of contents - OGEL/TDM Special Issue: FDI Operations and Investment Disputes in the African Extractive Sector...

TDM 3 (2019) - Cybersecurity in International Arbitration

The articles in this Special Issue illustrate the range of issues and current points of debate that surround consideration of cybersecurity in the arbitration context. Editors: Stephanie Cohen and Mark Morril.

Table of contents - Cybersecurity in International Arbitration

TDM 2 (2019) - Judicial Measures and Investment Treaty Law

This special issue presents and promises to promote a thoughtful discussion regarding the recent rise in investment treaty claims based on judicial conduct. Co-editors: Nicole Silver (Greenberg Traurig LLP) and Rajat Rana (Alston & Bird).

Table of contents - Judicial Measures and Investment Treaty Law

TDM 1 (2019) - Modernisation of the Energy Charter Treaty (ECT)

This special aims to contribute to the discussion on updating, clarifying or modernising the ECT, in view of the rapidly evolving energy landscape. Eds: Freya Baetens, Ilija Mitrev Penusliski, Martins Paparinskis, and John Gaffney. Intro by Secretary General of the Energy Charter Secretariat, Urban Rusnák

Table of contents - Modernisation of the Energy Charter Treaty (ECT)

TDM 7 (2018) - OGEL/TDM/ArbitralWomen - Strategic Considerations in Energy Disputes

The last issue of 2018 is a joint OGEL/TDM Special Issue with ArbitralWomen on "Strategic Considerations in Energy Disputes" examining new trends, developments, and challenges in the field of energy disputes. Editors: ArbitralWomen Board Members Alison Pearsall. Esq. and Marily Paralika.

Table of contents - OGEL/TDM/ArbitralWomen - Strategic Considerations in Energy Disputes

TDM 6 (2018) - FDI Moot 2018

The 2018 FDI Moot final, held Sunday, 11 November 2018, in Stockholm University's Aula Magna, was won by Lomonosov State University of Moscow (1st). By edging out University of Montevideo (2nd), Lomonsov was the last team left standing out of 53 teams in Stockholm (and 118 teams when including the FDI Moot Regionals). The Tribunal was composed of Lauren Aguiar, James Hope, and Kristoffer Löf.

Table of contents - FDI Moot 2018

TDM 5 (2018)

This 2nd regular issue of TDM in 2018 covers a variety of topics including the OHADA, TPF, International Arbitration, Tactics, Human Rights, Mediation, Book Reviews and conference material incl. a Young-OGEMID seminar report.

Table of contents

TDM 4 (2018) - Time and Cost Issues in International Arbitration

Costs and delay are common concerns raised by parties in international arbitration. The articles in this Special Issue look at innovative ways to remedy the problem of delay and expense and achieve cost-efficient arbitration proceedings. Eds. Wendy Miles QC and Philippe Cavalieros

Table of contents - Time and Cost Issues in International Arbitration

TDM 3 (2018) - Sir Elihu Lauterpacht QC

ELIHU LAUTERPACHT was a valued member of the Editorial Board of TDM, and we decided that it would be appropriate to mark his passing in 2017 with a few reminiscences by some of those who knew and admired him. Prepared by Professor Maurice Mendelson QC.

The combined papers are available as a free download here:
TDM 3 (2018) Elihu Lauterpacht (PDF, 25 pages, 585kb)

Or browse the individual contributions here:

Table of contents - Sir Elihu Lauterpacht QC

TDM 2 (2018) - International Commercial and Investment Disputes in and with India

This issue provides not only a unique, critical account of the evolution of the dispute resolution framework in India, but also a timely and important contribution to the global debate on dispute res. practices, pitfalls and paths for further reform. Editors Prof. Leïla Choukroune (University of Portsmouth) and Rahul Donde (Lévy-Kaufmann-Kohler - Geneva)

Table of contents - International Commercial and Investment Disputes in and with India

TDM 1 (2018)

After a series of TDM specials in 2017, we hereby publish the first issue of 2018 which covers a variety of topics including the EU, OHADA, International Arbitration, Tactics, Human Rights, various survey results and others. This issue also includes three (Young-)OGEMID seminar reports.

Table of contents

TDM 5 (2017) - FDI Moot 2017

The Global Finals of the 2017 FDI Moot concluded in Boston on the 5th of November 2017 with 1st National Law School of India University, Bangalore winning the Skadden Arps trophy ahead of 2nd Charles University, Prague before a tribunal composed of Ms Jessica Beess und Chrostin, Ms Carol Ludington, and Professor William Park. 104 Teams from 34 countries had registered for the Global and Regional Rounds, of which 48 eventually participated in Boston, with 250 team members and 60 arbitrators.

Table of contents - FDI Moot 2017

TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters

This TDM Special aims at analysing the current scenario that mediation faces in the context of insolvency matters, as well as new trends, developments, and challenges. Guest Editors Prof. Laura Carballo Piñeiro and Prof. Katia Fach Gómez

Table of contents - Comparative and International Perspectives on Mediation in Insolvency Matters

TDM 3 (2017) - One Belt One Road Initiative ("OBOR")



OBOR, Belt and Road or Belt and Road Initiative ("BRI") has been the Chinese development strategy aiming at the economic integration of Eurasia and the growth of China's Western Provinces, largely through the infrastructural and transportation projects.

Guest Editors Manzoor Ahmad, Julien Chaisse, Teresa Cheng, Manjiao Chi, and Jędrzej Górski identified and classified a number of potential OBOR-related problems, inviting contributors to explore the legal dimensions of the controversy surrounding the OBOR.

Table of contents - One Belt One Road Initiative ("OBOR")

TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes

This Special Issue sets out to explore the roles that a non-legal adjudicator can play and must play in today's international or national dispute settlement. Guest Editors: Katia Fach Gómez (University of Zaragoza, Spain) and Weiwei Zhang (The Graduate Institute, Geneva)

Table of contents - Non-Legal Adjudicators in National and International Disputes

TDM 1 (2017)

After a series of TDM specials in 2016, we hereby publish the first issue of 2017 which covers a variety of topics including the EU, Procedural issues, ISDS, NAFTA, Yukos, Diversity, CILS conference papers and others. This issue also includes three Young-OGEMID seminar reports.

Table of contents

TDM 6 (2016) - FDI Moot 2016

On November 6th 2016 the 9th edition of the Foreign Direct Investment International Arbitration Moot concluded at the University of Buenos Aires. 53 teams (with 260 students and coaches) had travelled to Argentina from almost 100 including those that did not qualify through the regional in Nairobi, New Delhi and Seoul.

The Paris Bar School prevailed over Harvard Law School in the 2016 final. We were honoured to have in the final tribunal professors Gabrielle Kaufmann-Kohler, Guido Tawil and Raul Vinuesa.

Table of contents - FDI Moot 2016

TDM 5 (2016) - Latin America

Prepared by guest editors Dr. Ignacio Torterola and Quinn Smith this second Latin America special continues to addresses the various challenges and changes at work in dispute resolution in Latin America. See also TDM 2 (2016) - Latin America (vol. 1)

Table of contents - Latin America

TDM 4 (2016) - Africa

Prepared by Thomas Snider, Prof. Won Kidane and Perry Bechky this Special Issue presents diverse views on a number of salient topics affecting international arbitration involving the African continent. These issues will continue to unfold as Africa continues to emerge as a geographic region of importance in the international arbitral community. We hope you enjoy this Special Issue and find it useful in your endeavors.

Table of contents - Africa

TDM 3 (2016) - Three Centuries of Arbitration for Peace

The papers from this "Three Centuries of Arbitration for Peace" TDM/SCC Special are runner-up submissions of the writing competition initiated by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) to celebrate the SCC centennial anniversary in 2017. The book "Arbitrating for Peace" will be published by Kluwer Law International.

Many thanks to Annette Magnusson and Joel Dahlquist for their assistance in preparing this issue.

Table of contents - Three Centuries of Arbitration for Peace

TDM 2 (2016) - Latin America

Prepared by guest editors Dr. Ignacio Torterola and Quinn Smith this special issue addresses the various challenges and changes at work in dispute resolution in Latin America. Perhaps as a sign of the diverse interests in the region, this is only the first volume - a second volume that continues many of these themes from different angles and perspectives is also nearing completion. See also TDM 5 (2016) - Latin America (vol. 2)

Table of contents - Latin America

TDM 1 (2016) - Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA)

Editors Andrea Bjorklund, John Gaffney, Fabien Gélinas and Herfried Wöss prepared this TDM CETA special. It undertakes a broad-ranging study of CETA, viewing it as an indicator of the evolution of EU trade and investment policy, and of the kinds of tensions and innovations that can be expected to arise as a new generation of twenty-first century trade and investment agreements emerges. The special starts off with an introduction by three leading experts: Professor Pieter Jan Kuijper; The Honourable L. Yves Fortier and Judge Stephen Schwebel.

Table of contents - Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA)

TDM 7 (2015) - FDI Moot 2015

The 2015 FDI Moot concluded with the University of Athens winning the final and Skadden, Arps Trophy at King's College London. Universitas Pelitas Harapan (Indonesia) came second followed by National Law School of India University (3^rd), Bangalore and University of Buenos Aires (4^th). Harvard Law School and the University of Ottawa shared 5^th place, and 7^th place was shared by University of Mainz and Denver University.

Table of contents - FDI Moot 2015

TDM 6 (2015)

After a series of TDM specials in 2015, we hereby publish the last issue of the year which covers a variety of topics including Context & Culture, the Costs of Arbitration, Investment Treaties, Int'l Commercial Arbitration, ISDS, Investment Law, Mediation and ADR and other topics of interest.

Table of contents

TDM 5 (2015) - Yukos Special

Few things can concentrate the mind as much as an award of $50 billion dollars. When the three parallel awards in the Yukos dispute were released in mid-2014, TDM and OGEL therefore immediately called for papers to comprise a Special Issue. Our range of topics includes discussions of the legal aspects and computation of the record-setting damages award; and the attention-getting rulings in the arbitrations on contributory fault, the treatment in the Awards of the Russian tax regime, and the acceptance by the tribunal of illegally-obtained evidence; the terms on which the Yukos awards may be enforced in Russia and England; the damages aspects of the Awards. We have "advance published" those very useful papers, to assure TDM and OGEL readers access to timely observations on various aspects of the largest international arbitration awards we have yet to see. And we are now presenting these papers formally as our Special Issue on the Yukos Awards.

Table of contents - Yukos Special

TDM 4 (2015) - ArbitralWomen/TDM Special: 'Dealing with Diversity in International Arbitration'

Editors Louise Barrington (Independent Arbitrator and Director Aculex Transnational Inc) and Rashda Rana SC (39 Essex Street, President ArbitralWomen) prepared this ArbitralWomen/TDM special on "Dealing with Diversity in International Arbitration". In this special authors from around the globe place the arbitration community under a microscope, analyze critically what they find, ask whether we can do it better with diversity, how diversity will improve the process and how to bring diversity into the mainstream of the arbitration world.

Table of contents - ArbitralWomen/TDM Special: 'Dealing with Diversity in International Arbitration'

TDM 3 (2015) - Renewable Energy Disputes

This joint OGEL and TDM Special issue focuses on renewable energy disputes at the level of international, European and national law. There are many ongoing cases at all three levels. Recent and ongoing renewable energy disputes under international law have concerned international investment law and WTO law. Recent renewable energy disputes at European level have mostly related to the free movement provisions of EU Treaty law. Contractual arrangements and connection issues serve as illustrations of private and contractual disputes in these areas at national level....

Table of contents - Renewable Energy Disputes

TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future

Editors Craig Shepherd and Mike McClure (Herbert Smith Freehills LLP) prepared this TDM special on "Arbitration in the Middle East: Expectations and Challenges for the Future". The papers in this special, which between them discuss the arbitral regimes in Bahrain, Egypt, Iran, Iraq, Jordan, Lebanon, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Syria, Tunisia, Turkey and the United Arab Emirates (UAE), together with investment treaty arbitration and general trends in the MENA (Middle East and North Africa) region, address the increasing use of arbitration in the Middle East, and the increasing use of Middle East seats.

Table of contents - Arbitration in the Middle East: Expectations and Challenges for the Future

TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century

Edited by Mark Feldman (Peking University School of Transnational Law) and Wenhua Shan (Xi'an Jiaotong University) this TDM special on "The Pacific Rim and Int'l Economic Law: Opportunities and Risks of the Pacific Century" addresses key issues facing the Pacific Rim region at a particularly opportune time: a moment when the Pacific Rim region is shaping, to a very significant extent, the international economic law architecture for the 21^st century. The special is introduced by J. Christopher Thomas, Q.C..

Table of contents - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century

TDM 6 (2014) - Dispute Resolution from a Corporate Perspective

This TDM Dispute Resolution from a Corporate Perspective special edited by Kai-Uwe Karl (General Electric), Abhijit Mukhopadhyay (Hinduja Group) and Heba Hazzaa (Cairo University) brings the corporate voice to the debate about reforming alternative dispute resolution and effective conflict management. As users of legal services at all stages, transactional or post conflict, corporations expect a "service provider" mindset from the legal profession. Lawyers from both sides of the corporate structure tend to respond differently to those needs. Legal "re"training is inevitable if lawyers are observing the emerging trends in conflict resolution. After years of arbitration reign in the world of alternative dispute resolution (ADR), we are witnessing a rise in mediation and negotiations. This development affects legal training and practice in numerous ways. As we see throughout the special, corporate perspective prompts innovation in dispute resolution management in a variety of ways.

Table of contents - Dispute Resolution from a Corporate Perspective

TDM 5 (2014) - FDI Moot 2014

The University of Warsaw prevailed over NYU in the final of the 2014 FDI Moot held at Pepperdine University School of Law in October 2014. Warsaw had overcome Jagiellonian University in an all Poland showdown in the semi-final and last year's winner and this year's highest ranked team (memorials and preliminary oral rounds), Harvard Law School. Jagiellonian and National and Kapodistrian University of Athens ultimately shared third place, and HLS shared 5th place with Pontifícia Universidade Católica de São Paulo.

Table of contents - FDI Moot 2014

TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution

Five articles have been selected for publication from the presentations given at the Biennial CILS International Arbitration Symposium held 22-25 May at Leopoldskron Palace in Salzburg, Austria. The arbitration symposium emerged from the construction law conferences James J Myers began organising with CILS in the late 1990s. This eighth iteration of the symposium was chaired by Mr Laurent Hirsch of Hirsch Kobel, Geneva and Ms Silvia Marchili of King & Spalding, Houston, who assembled a varied program of expert and entertaining panellists and moderators from around the world.

Table of contents - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution

TDM 3 (2014)

In this video Sophie Nappert and Mark Kantor introduce TDM 3 (2014). Watch on TDM or YouTube.

Sophie & Mark consider this an initial pilot for a broader concept of exploring whether video as a medium can provide added value or usefulness to our discussions on OGEMID, and to the TDM issues. Would it be easier / more useful to listen to short video introductions to topics for discussion on Ogemid, rather than read them?

Table of contents

TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes

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)

Table of contents - The New Frontiers of Cultural Law: Intangible Heritage Disputes

TDM 1 (2014) - Reform of Investor-State Dispute Settlement (ISDS): In Search of a Roadmap

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.

Table of contents - Reform of Investor-State Dispute Settlement (ISDS): In Search of a Roadmap

TDM 6 (2013) - FDI Moot 2013

On October 26th the 2013 FDI Moot concluded with Harvard Law School edging out Monash University in the final at the FIAC in Frankfurt. The full results can be found at www.fdimoot.org

Table of contents - FDI Moot 2013

TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law

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.

Table of contents - Art and Heritage Disputes in International and Comparative Law

TDM 4 (2013) - Ten Years of Transnational Dispute Management

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 ...

Table of contents - Ten Years of Transnational Dispute Management

TDM 3 (2013) - Corruption and Arbitration

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.

Table of contents - Corruption and Arbitration

TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges

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.

Table of contents - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges

TDM 1 (2013) - Aligning Human Rights and Investment Protection

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.

Table of contents - Aligning Human Rights and Investment Protection

TDM 7 (2012)

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.

Table of contents

TDM 6 (2012) - FDI Moot 2012

On Sunday 4 November 2012, the 2012 FDI Moot Skadden Arps Trophy was won by the University of Ottawa (applicant) ahead of King's College London (respondent) before an ad hoc committee composed of Prof. William Park (Boston University, School of Law), Prof. Andrea Bjorklund (University of California, Davis), and Mr. Doak Bishop (King & Spalding).

Table of contents - FDI Moot 2012

TDM 5 (2012) - Legal Issues in Tobacco Control

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)

Table of contents - Legal Issues in Tobacco Control

TDM 4 (2012) - CILS - 7th Biennial Symposium on International Arbitration and Dispute Resolution

The papers in this issue were presented at the 7^th 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.

Table of contents - CILS - 7th Biennial Symposium on International Arbitration and Dispute Resolution

TDM 3 (2012)

In this first regular issue of 2012 we cover a variety of topics as usual. This issue includes the first installment of the "Russian and CIS Arbitration Network (RCAN) Supplement" written by RCAN members. RCAN is an initiative founded in London in July 2011 which seeks to bring together arbitration practitioners, scholars and business people with an interest in Russian and CIS arbitration (more info at www.rcan.com). The issue also includes a number of presentations given during the Warsaw Conference on Confidentiality vs. Transparency in International Arbitration held last year, which took place at the University of Warsaw.

Other highlights of this issue include contributions by Professors Leon E. Trakman, Christoph H. Schreuer and Rudolf Dolzer.

Table of contents

TDM 2 (2012) - FDI Moot 2011

For the 4th FDI Moot 36 teams had submitted memorials and counter-memorials - 41 had registered but 5 withdrew due to visa issues, scheduling (conflicting examination dates announced) and funding. The memorials and counter-memorials were reviewed by over 90 judges and the best ones appear in this issue of TDM.

The FDI Moot 2011 case, prepared under the supervision of Sophie Nappert, involved ICC proceedings under a BIT, a claim of expropriation, a counter-claim and an amicus brief in connection with a host State's response to an investor's offshore oil exploration leading to an uncontrolled spill, extensive environmental damage, and economic losses.

Table of contents - FDI Moot 2011

TDM 1 (2012) - A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought

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 practitioners, 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.

Table of contents - A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought

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

Table of contents - Resolving International Business Disputes by ADR in Asia

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.

Table of contents - Contingent Fees and Third Party Funding in Investment Arbitration Disputes

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.

Table of contents - Intersections: Dissemblance or Convergence between International Trade and Investment Law

TDM 2 (2011)

One of the highlights of this regular issue is "Insurance for International Arbitrators: Immunity From Liability, Existent Coverage, Exclusions and Control of Risk" by Jan-Mikael Bexhed and Cornel Marian which was written after a lively discussion on OGEMID. Other papers cover international arbitration, investor state disputes, developments in the EU (see also the OGEMID archive for topical discussions) and a first look at the "Road Map for the Modernisation of the Energy Charter Process" by Sophie Nappert, Dr. Andrei Belyi and Vitaliy Pogoretskyy.

Table of contents

TDM 1 (2011)

We start 2011 with a regular issue covering a variety of topics. This issue includes articles complementing our TDM 4 (2010) China special, various advocacy related materials, case comments, the write-up of the discussion initiated by our first OGEMID Guest Kaj Hobér about "The Investor as the Initiator of Emerging Trends in Investment Treaty Interpretation" and a selection of book reviews.

Table of contents

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)

Table of contents - China

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 2010 case involved an SOE's controversial exercise of a JV agreement provision to buyout a foreign partner in a telecommunications joint venture, assertion of national security interests and issues of competing fora and treaty claims and contract claims.

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.

Table of contents - FDI Moot 2010

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.

Table of contents - Guerrilla Tactics in International Arbitration & Litigation

TDM 1 (2010)

This new issue has a large number of articles and contributors, introducing some new categories such as "Costs of Arbitration" and "Rules & Best Practices". Other highlights of this issue include papers by Judge Stephen Schwebel, Michael Hwang, Professor Christoph H. Schreuer and Jan Paulsson.

Table of contents

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.

Table of contents - Latin America

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.

Table of contents - NAFTA - Fifteen Years Later. Experiences and Future

TDM 2 (2009) - The Protection of Intellectual Property Rights through International Investments Agreements

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).

Table of contents - The Protection of Intellectual Property Rights through International Investments Agreements

TDM 1 (2009)

This new issue has a large number of articles and contributors, including Judge Schwebel, Jan Paulsson, Karl-Heinz Böckstiegel, David Shapiro, James Crawford, William Park, Christoph Schreuer and George Kahale, III. Also in this issue we continue with our coverage of International Law, Investor-State Disputes, Case Comments, Human Rights and more.

This was the first issue published after TDM founding editor Professor Thomas W. Wälde passed away.

Table of contents

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.

Table of contents - Arbitrator Bias

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

Table of contents - Precedent in Investment Arbitration

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.

Table of contents - Venezuela: The battle of Contract Sanctity vs. Resource Sovereignty

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.

Table of contents - UNCTAD Expert Meeting on Development Implications of International Investment Rule Making

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.

Table of contents - Compensation and Damages in International Investment Arbitration

TDM 5 (2007)

This massive new overall issue of TDM has a series of most key think pieces, articles and numerous case comments. We invite comments - which we would be pleased to publish - in particular on Jan Paulsson's essay on the shortcomings of domestic courts in many developing and emerging countries which sits in almost perfect contrast with Dr van Harten's critique of ad-hoc arbitration tribunals and his call for replacing "appointment-hungry" arbitrators with permanent judges in a "World Investment Court".

Table of contents

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

Table of contents - The Hague 2004 Investment Seminar

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.

Table of contents - Energy Litigation and Arbitration - Expert Perspectives

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

Table of contents - The Legacy and Lessons of Distressed and Failed Infrastructure Investments during the 1990s

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

Table of contents - Arbitration & Mediation

TDM 5 (2006)

TDM has now been operating for close to 4 years. With the end of 2006, we are again publishing a large and highly topical issue on international dispute resolution - including international arbitration but with a focus on our specialty, investment disputes. The issue also contains interesting papers on oil, gas and energy-related disputes. It looks as if the lasting increase in oil prices will give many host states the resources, confidence and desire to renegotiate earlier deals; that is likely to generate a large batch of international disputes in these industries in the years to come.

Table of contents

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

Table of contents - Alternative Dispute Resolution in Asia

TDM 3 (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 " 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.

Table of contents - International Investment Law at a Crossroads (Harvard International Law Society)

TDM 2 (2006)

With this new overall issue of TDM, we have a particular nugget: John Brooks in-depth narrative of the history of the Barcelona Traction Case, not a legal discussion of the case, but of the factual history that led to the famous case before the International Court of Justice, a story of intrigue, politics and legal manoeuvering that comes close to today's story of the Yukos case. As in Yukos, Barcelona traction was manoeuvered into bankruptcy in essence by a secret acquisition of debt, combined with a politically engineered prohibition against Barcelona Traction to pay the debt; like Yukos, it was then sold off on the cheap to companies controlled by Juan March, the mover behind the scenes. Before courts and tribunals, usually only certain facets of the facts show up, mainly those which are available to the parties (and much story is often not available) and which it suits them to present for advocacy reason. Most famous cases therefore are a type of "black box", we see the outside, but we don't know what is inside. It was very hard to get permission to publish this wonderful historical narrative - John Brooks passed away in 1987.

Table of contents

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

Table of contents - Litigating Across Borders: Hot Topics and Recent Developments in Transnational Litigation

TDM 5 (2005)

We are very pleased with this massive new issue of TDM, the last in 2005.

Apart from our usual publication of numerous relevant and high-quality articles, studies, case comments, extended discussion contributions, the issue has several noteworthy features...

Table of contents

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

The Transnational Dispute Management (TDM) publishers are delighted with this special feature about the third conference of the British Institute of International and Comparative Law's Investment Treaty Forum: The Relationship Between Local Courts and Investment Treaty Arbitration

Table of contents - BIICL: The Relationship Between Local Courts and Investment Treaty Arbitration

TDM 3 (2005) - Regular issue - special focus on Argentina

We are continuing 2005 with a massive issue of TDM, increasing its coverage of relevant and recent developments in international commercial arbitration, but again with a focus on international investment law as applied in modern investment arbitration jurisprudence. I note with satisfaction that we have substantive and in-depth contributions from leading practitioners and academics in investment arbitration - such as Emmanuel Gaillard of Shearman Sterling and Professor Schreuer - both authors of highly influential compendia on ICSID jurisprudence. But it seems to become "de rigueur" for the younger and promising arbitration professionals and academics with international ambition to write brief focused comments on relevant cases and specific issues which are currently hotly debated in numerous on-going cases. TDM 3 (2005) includes a further special focus on Argentina.

Table of contents - Regular issue - special focus on Argentina

TDM 2 (2005) - Appeals and Challenges to Investment Treaty Awards

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)

Table of contents - Appeals and Challenges to Investment Treaty Awards

TDM 1 (2005)

One of the most interesting development of the last couple of months has been OGEMID, the discussion forum for professionals (and some academics) in the field of international disputes, mainly, it seems, international arbitration and in particular now very much treaty-based investment arbitration. As is perhaps understandable with primarily (but not exclusively) lawyers, the forum has become not only a route to post news, but is very much a continuously on-going place of debate, much like a permanent conference.

Table of contents

TDM 4 (2004)

As you will have seen, TDM usage is spreading globally and contributions to TDM are of an increasing quality in terms of content, seriousness and professional reputation and authority of contributors. This indicates the growing participation of the international arbitration community in particular in the TDM intelligence service - the focus for an interactive, but centrally managed and technologically up to date network of practitioners in the global economy.

Table of contents

TDM 3 (2004)

Why - A Transnational Dispute Management Intelligence Service?

With accelerated economic globalisation, transnational disputes - cross-border, cross-cultural, cross-disciplinary and involving national and international levels of law and regulation - have grown in leaps and bounds. And so have methods and markets of specialists to manage them.

...

Table of contents

TDM 2 (2004)

Why - A Transnational Dispute Management Intelligence Service?

With accelerated economic globalisation, transnational disputes - cross-border, cross-cultural, cross-disciplinary and involving national and international levels of law and regulation - have grown in leaps and bounds. And so have methods and markets of specialists to manage them.

...

Table of contents

TDM 1 (2004)

Why - A Transnational Dispute Management Intelligence Service?

With accelerated economic globalisation, transnational disputes - cross-border, cross-cultural, cross-disciplinary and involving national and international levels of law and regulation - have grown in leaps and bounds. And so have methods and markets of specialists to manage them.

...

Table of contents