By Deborah Slattery-Pereira In August 2024, the 11th Circuit addressed the role of U.S. Courts in recognizing non-domestic awards when one of the parties alleged that corruption tainted the contract. This case involved a breach of contract dispute between Commodities & Minerals Enterprise, Ltd. (“CME”), a commodities intermediary trader under the laws of the British…
Category: International
RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands and Themes in Climate Change Arbitration
By Yonah Wasik, Senior Staffer Climate change presents an expanding danger to the environment and human health. Along with it, international bodies and states alike have progressively strengthened their climate change goals and regulations. While most climate change cases are brought before national courts, businesses have turned to arbitration to resolve environmental disputes, especially for…
Balancing Acts: The Profit Potential and Pitfalls of Investor-State Dispute Settlement
by: Shannon Moloney, Articles Editor Investor-state dispute settlement (“ISDS”) provisions provide investors and nations with a framework to arbitrate issues that arise under both bilateral investment treaties (“BIT”) and free trade agreements (“FTA”). Investors often pursue damages against host countries that are parties to international treaties with ISDS provisions if host nations do not abide…
A Tiger Shrimp Among Whales
By: Brian Hwang, articles editor “In a fight between whales, the shrimp’s back gets broken” is an old Korean proverb reflecting on a history of geopolitical squeeze. Within the past seventy years, the Republic of Korea (“ROK”) experienced rapid industrialization and unprecedented economic growth. Although the country is still a newcomer in the international arbitration…
Russian Invasion of Ukraine Brings an Influx of Arbitration in LNG Disputes
By: Erin Moloney, Articles Editor Liquified natural gas (“LNG”) disputes are rising due to increasing pressures from the global energy market following the Russian invasion of Ukraine, leading to price increases, an influx of arbitration, and environmental concerns. LNG, a natural gas and cleaner alternative to oil and coal, is rapidly increasing in demand. In…
The Arbitration Brief 