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- ISDS; international investment law; investor-state arbitration; arbitration; investor state dispute settlement; international arbitration; commercial arbitration; tribunals; FET; free trade; NAFTA; North American Free Trade Agreement; BIT; bilateral investment treaty; arbitrator; ICSID; Yukos; sovereignty; tribunals; CMS; quantum; DCF; Gold Reserve; Venezuela; UNCITRAL (1)
- International investment law; ISDS; investor state dispute settlement; international arbitration; commercial arbitration; arbitration; ICSID; UNCITRAL; NAFTA; North American Free Trade Agreement; Trump; awards; quantum; litigation; DCF; Mobil; tribunal; Occidental; Gold Reserve; Venezuela; Tidewater; third-party funding; (1)
- Investor-State Dispute Settlement; ISDS; International Investment; Corporations; Investment; Foreign Investment; Investment Disputes of the World Bank; ICSID; United Nations Commission on International Trade Law; UNCITRAL; Arbitration; International Arbitration; Investment Treaties; Bilateral Investment Treaties; BITs; Expropriation; Minimum Standards; National Treatment; Trans-Pacific Partnership; TTP; Transatlantic Trade and Investment Partnership; TTIP; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Trade Agreements; Phillips Morris v. Uruguay; European Union; Investor Court System; 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; ICSID Convention; Comprehensive Economic and Trade Agreement; CETA (1)
- Property; Property Claims; Cuba; Diplomacy; US-Cuba Relations; International Relations; National Treatment Nationalization; Expropriation; Foreign Investment; Raul Castro; Fidel Castro; Barack Obama; Ashby Proposal; Dispute Settlement; Remedy; Foreign Claims Settlement Commission; FCSC; Libertad Act; Helms-Burton Act; Creighton Report; Cuban Exile Community; United States Agency for International Development; USAID; Feinberg Proposal; Restitution; Trade Agreements; Policy; Valuation; Embargo; Bilateral Trade Agreements; Cuban Revolution (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
Brooklyn Journal of International Law
The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.
Rethinking Isds, George Kahale Iii
Rethinking Isds, George Kahale Iii
Brooklyn Journal of International Law
The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Brooklyn Journal of International Law
The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …