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 […]
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 […]
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, […]
The ICC’s Israeli-Palestinian Jerusalem Arbitration Center is reportedly to begin functioning soon. This neutral arbitration center, a creation of Paris’ neutral ICC International Court of Arbitration, is intended to resolve commercial conflicts concerning the 3-4 billion USD of trade between Palestinians and Israelis. Previously, such commercial conflicts had to be resolved either before the courts […]
Daniel Rainer has written a good overview of the West Tankers decision and its impact on the choice of a seat of arbitration. It is well-worth reading and available below.