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The Gold Standard of Transparency
Notre Dame Law School By now almost everyone in the international arbitration world is aware of the gavel-to-gavel coverage of the oral pleadings in the so-called Abyei Arbitration before the Permanent...
View ArticleThe Arbitrator as Diplomat
Notre Dame Law School In submitting his instructions to the American delegation attending the 1907 Second Hague Conference, Secretary of State Elihu Root argued that the Permanent Court of Arbitration...
View ArticleLand deals could sow arbitration disputes
Investment Arbitration Reporter In recent months, there have been a steady barrage of media reports about so-called “land grabs”. Many believe that we are seeing a new “Scramble for Africa”, as...
View ArticleSouth Africa’s Puzzling New Treaty with Zimbabwe
Investment Arbitration Reporter When I last visited South Africa in 2006, there was much talk of a potential bilateral investment treaty between SA and Zimbabwe. Three years later, as I make another...
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Land Reform and Investment Arbitration in Southern Africa
Investment Arbitration Reporter I spent some time in Namibia and South Africa last December looking into the impact of bilateral investment treaties on land reform. I don’t do a lot of field trips, and...
View ArticleZimbabwe’s Hitting the Arbitration Headlines
Freshfields Bruckhaus Deringer LLP, for YIAG Following the controversial land reform programme first introduced by President Robert Mugabe in July 2000, Zimbabwe has found itself in hot water of late,...
View Article10 Investor-State Awards I Had Hoped to Read in 2010
Investment Arbitration Reporter Last year, around this time, I offered a list of 10 investor-state arbitral awards I hoped to see in 2010. If time permits, I may do another list for 2011. But, first I...
View ArticleYour Next Nominee?
Investment Arbitration Reporter As a journalist, I miss out on all the fun of nominating arbitrators. And I also refrain from counseling others as to whom they should nominate to arbitral tribunals....
View ArticleIs Africa Finally Confronting Its Challenges On Investment Treaty Arbitration?
Africa International Legal Awareness (AILA) Challenges are opportunities in disguise. Despite the global economic slowdown which has significantly affected developed economies, Africa, particularly...
View ArticleThe Perfect Arbitral Storm in Africa
Seattle University School of Law Two things are currently unfolding in Africa: significant economic progress and profound political transformation. On the economic front, in the last decade, Africa has...
View ArticleAfrica’s track record in ICSID proceedings
Mishcon de Reya On 18 April 2012, South Sudan signed and ratified the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ‘ICSID Convention’). In...
View ArticleArbitrating in West and Central Africa: An Introduction to OHADA
Lazareff Le Bars Over the past decade, Africa has emerged as a leading center of economic growth. From mining and manufacturing, to banking and telecoms, nearly every industry is witnessing rapid...
View ArticleThe unfinished work of foreign investment protection in Africa
Mishcon de Reya In recent years, African states have taken several initiatives to increase the protection of and legal security offered to foreign investors. However, a lot of work is unfinished and...
View ArticleArbitration In Egypt And The UAE: Reflections On Law And Practice
, for YIAG Arbitration, or tahkim, has long-standing religious and cultural roots in the Middle East. However, there are also a number of differences and tensions between the Western perception of...
View ArticleMultilateral Investment Treaties? A View from China
University of Macau, Faculty of Law The rise of China as a major economic and political actor is one of the defining features of the twentieth-first century. Much of China’s growing power comes from...
View ArticleThe Canadian Model BIT—A Step in the Right Direction for Canadian Investment...
Allen & Overy LLP In the past two years, Canada has signed BITs with nine African states: Benin (January 2013), United Republic of Tanzania (May 2013), Cameroon (March 2014), Nigeria (May 2014),...
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