U.S. discovery traces its roots to the 1789 Judiciary Act, which legal historians generally view as a poorly-drafted and poorly-conceived piece of legislation. One of the worst aspects of U.S. litigation, and there are many, is its ridiculous discovery rules, which can result in far more work than the underlying issues in a given dispute […]
12 Years Of The ILC Draft Articles on State Responsibility
It took the International Law Commission approximately four decades to complete its work on State responsibility, which was completed in 2001. This work represented a highly significant step in the codification and development of international law, with similar importance as the Vienna Convention on the Law of Treaties. These Articles cover the issues of breach […]
The IA Reporter Discusses The First Belarus Investment Treaty Arbitration
First Investment Treaty Arbitration Against Belarus. Luke Peterson’s Investment Arbitration Reporter has recently published an article on the first reported investment treaty arbitration against Belarus, the last remaining rogue State in Europe. The USD 175 million arbitration is being launched by William Kirtley and Christophe Dugué of one of the leading Paris-based arbitration boutiques, Dugué & Kirtley, […]
An ICC Space Arbitration: Eutelsat Communications v. SES
An International Chamber of Commerce (ICC) of Paris arbitral tribunal has reached its conclusions on the first phase of the arbitration initiated by Eutelsat Communications against SES in October of 2012. Similar space arbitrations are likely to account for an increasing number of arbitrations over the coming years. Eutelsat’s request for arbitration was triggered by […]
Eli Lilly’s Notice Of Arbitration Under The NAFTA
U.S. drug company Eli Lilly has escalated a $500-million patent dispute with the federal government and filed a notice of arbitration under the North American Free Trade Agreement. The company is demanding compensation for court decisions that invalidated its patents for Strattera, a treatment for attention-deficit/hyperactivity disorder, and for Zyprexa, which is used for the […]