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 […]
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, […]
Chevron Wins Arbitration Victory Against Ecuador
Below, please find a solid non-legal summary of the latest state of the long-running Chevron v. Ecuador arbitral proceedings, one of the messiest and most interesting investment treaty arbitrations to have occurred over the past decade. – William Kirtley In an apparent coup for the oil giant’s efforts to undermine a $19 billion environmental judgment […]
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 […]
Recent ICSID Cases Discussed in the Investment Arbitration Reporter
February 28, 2013 (Vol. 6, No. 5) 1. First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases 2. Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration 3. Sri Lanka breached BIT due to […]