The international energy industry frequently gives rise to complex, high-value disputes. As economic and commercial circumstances change, joint venture partners may disagree over operations, sellers and buyers may manoeuvre to amend pricing terms and states may seek to improve their take from investment projects. Any of these outcomes can have significant consequences for the long-term prospects of companies operating in the sector. These are just some of the issues covered by this new title, which provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the nuclear sector. Edited by Ronnie King, head of the arbitration team at international law firm Ashurst LLP, this title will be of practical value for all dispute resolution lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.

This comprehensive and practical reference work offers extensive coverage of international arbitration as practiced across 24 key jurisdictions. In recent decades, there has been an extraordinary growth in arbitration throughout Asia and consequently arbitration centers in Singapore, Hong Kong and mainland China continue to report a steady increase in the number of cases. This handbook is the first to offer practitioners detailed guidance to help resolve issues that are likely to arise throughout the arbitration process and advise them of localized particularities in some areas which have very different arbitration traditions and judicial systems.
Containing specific chapters on jurisdictions throughout Asia (including Australasia) and a chapter devoted to the ICC in Asia, the book offers an impressive level of detail including information on key arbitration trends and statistics. A common structure allows for ease of navigation and quick, comparative cross-referencing between jurisdictions as well as ensuring consistent coverage across the chapters. The jurisdictions covered include People's Republic of China (mainland), Hong Kong SAR, Singapore, India, Australia, Korea, Malaysia, New Zealand, Japan, Indonesia, Philippines, Thailand, Taiwan, Vietnam, Brunei, Pakistan, Bangladesh, Kazakhstan, Cambodia, Laos, (MASAO) SAR, Mongolia, Myanmar, and Sri Lanka. The editors Michael Moser and John Choong have worked with a strong author team of Asia arbitration experts to comment on the methods of practice in each specific area and provide practical solutions in response to practical issues.
The Asia Arbitration Handbook is unique in its coverage of investor-state arbitration and bilateral investment treaties in this region, making it the first reference work to cover the law and practice of local arbitration, international commercial arbitration and investor-state arbitration in the key Asian jurisdictions. Its exhaustive scope both in terms of covered jurisdictions and content for each jurisdiction will make it a valuable addition to every law firm and in-house legal team library concerned with arbitration in Asia.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

The International Law Reports is the only publication in the world completely devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 124 reports on a key decision of the ICSID Tribunal (Maffezini v. Spain), decisions of the Canadian courts in Burns, Suresh, Ahani and Bouzari on torture, terrorism and the death penalty, as well as decisions of the House of Lords on terrorism, hereditary peers and refugee status.

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought an increasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations for trademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.

While the availability and efficacy of arbitration in London, Paris and New York is well known, and the popularity of the Swiss system widely accepted, less is known about the mechanisms available for arbitrating international disputes in Germany. In fact, Germany boasts a well-developed system of arbitration which is streamlined, efficient and inexpensive, but which has been hitherto overlooked in favour of other jurisdictions. This new work by experienced German arbitrators, explains in detail the workings of the German system for international arbitration - the basis of its code, its institutional architecture and its procedural features. Thus this work presents, for the first time, the full workings of the German system to an English-speaking audience.

Many have talked of a 'new wave' of restitution claims prompted by the Sarr-Savoy report. This has been further enhanced by the announcement by the Open Society Foundation in November 2019 of $15 million of support for action to restore objects to Africa, including through litigation. A series of formal claims to European museums for the return of objects was reported in 2019. The sustained high level of public interest in the restitution debate, combined with the generally stubborn response of host nations, suggests that this pattern will continue. Cultural Restitution Claims: A Legal Handbook provides a concise and practical account of the international law relevant to cross-border claims for the restitution of cultural property. It covers both the supranational legal framework and the domestic legal position in a number of key jurisdictions, namely the UK, US, Switzerland, France, Germany, Italy, Spain and China, drawing on the expertise of practitioners in those jurisdictions. It also relates the present state of the law to the evolving political and ethical debate and engages in critical comparison of the position in different jurisdictions. The book serves as a practical resource for those asserting or responding to claims for the return of objects, whether in the context of formal litigation or otherwise, as well as for those with a professional or policy interest in the restitution debate.

Dispute settlement decisions (DSD) of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions. Starting with Volume 78, published in February 2007, Bernan is collaborating with international trade experts from Bryan Cave LLP to produce enhanced editions of the WTO DSD. The editors for this series are Felipe Berer and Jackson C. Pai. Messrs. Berer and Pai are Senior Trade Policy Advisors working out of the Washington, D.C., and Los Angeles offices of Bryan Cave LLP. They assist clients in the analysis of cross-border trade rules and trade agreements, including the implications of U.S. bilateral and regional trade agreements and WTO rules. Mr.Berer has also assisted in trade remedy investigations, WTO proceedings and trade policy developments in the United States and Latin America.

This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.