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…
Category: International
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…
What We Can Learn from the Notorious P&ID v. Nigeria
By: Emily Granja, Junior Staffer On October 23,2023, England’s High Court of Justice ruled in favor of the Federal Republic of Nigeria in Nigeria v. Process & Industrial Developments Ltd. (P&ID). Reviewing the case, the High Court vacated P&ID’s $11 billion arbitral award after finding significant evidence of fraud and bribery. While the High Court’s…
The Arbitration Brief 