Transnational Litigation, Arbitration, and Dispute Resolution

The Duty to Litigate in Good Faith in International Dispute Settlement

The Society's 114th Annual Meeting—and first Virtual Annual Meeting—took place June 25–26, 2020. The 2020 Annual Meeting theme, "The Promise of International Law," was an opportunity to reflect on the successes and failures of international law, while reaffirming our commitment to achieving its promise of a more just and peaceful world.

The CJEU and the Future of the Multilateral Investment Court

The Society's 114th Annual Meeting—and first Virtual Annual Meeting—took place June 25–26, 2020. The 2020 Annual Meeting theme, "The Promise of International Law," was an opportunity to reflect on the successes and failures of international law, while reaffirming our commitment to achieving its promise of a more just and peaceful world.

International Trade Dispute Settlement: Ready to Blossom Again?

Once called the crown’s jewel, the dispute settlement system of the WTO is facing a major threat.[1] The standing Appellate Body (AB), within the WTO Dispute Settlement Body (DSB), is not functioning normally—or even at all, as the United States has blocked all appointments of new AB members. As a result, cases can no longer be appealed, and this may leave decisions by the panels—which adjudicate the cases in the first instance—in legal limbo.

Topic: 
Volume: 
24
Issue: 
19
Author: 
Murilo Lubambo de Melo
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PCA Releases Award in Enrica Lexie Incident Case

Author: 
Emma Schoenberger

U.S. Supreme Court Interprets New York Convention

Author: 
Justine N. Stefanelli

On June 1, 2020, the U.S. Supreme Court published its opinion in GE Energy Power Conversion France SAS v.

Iran-United States Claims Tribunal Awards USD 29 Million to Iran

Author: 
Emma Schoenberger

The Iran-United States Claims Tribunal released a

New Developments in Seeking United States Discovery for Foreign Proceedings and International Arbitration

In 1964, the United States Congress passed a law providing that a United States district court "'may order' a person residing or found in the district to give testimony or produce documents 'for use in a proceeding in a foreign or international tribunal . . .

Topic: 
Volume: 
24
Issue: 
10
Author: 
Jared Hubbard and Malgorzata Mrózek
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Investment Facilitation Mechanisms and Access to Justice in Brazilian Investment Agreements

Since 2015, Brazil has concluded more than a dozen Cooperation and Facilitation Investment Agreements (CFIAs), in a radical departure from Brazil's earlier policy to remain out of the network of investment treaties.[1] These CFIAs include a novel system, encompassing mechanisms for preventing and settling disputes, which differs strikingly from traditional investor-state arbitration available under most bilateral investment treaties.

Topic: 
Volume: 
24
Issue: 
9
Author: 
Sufyan Droubi
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