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Investment Losses from Russian Economic Retaliation May be Recoverable in International Arbitration

European Union, Global, Russia, Ukraine, USA - March 18 2022 Russia has responded to sanctions imposed by the US and EU, among others, with legislation and presidential decrees designed to restrict, control…

María Castellanos, Sevren R. Gourley, Torsten M. Kracht, Gustavo J. Membiela, Devin T. Moore, William L. Newton

The Rules of Arbitration Get a Fall Makeover at the LCIA and the ICC

Global, USA - November 12 2020 What Happened: Both the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”) have revised their…

Natalia Duran, Gustavo J. Membiela

Continuing a Circuit Split, Second Circuit Reaffirms Section 1782 Discovery Not Available in Private Commercial Arbitration

USA - July 14 2020 The United States Court of Appeals for the Second Circuit held that an investor could not seek 28 USC 1782 ("Section 1782") discovery…

Armando Cordoves, Jr., Elbert Lin, Gustavo J. Membiela

Eroding Investor Protections: Managing CSR and Political Risk in the Sustainable Brave New World

Global, OECD, USA - April 6 2020 Facing growing criticism that they impede sustainable development goals, investment protections afforded by traditional international investment…

P. Scott Burton, Mark J. Thurber

Alternative Dispute Resolution

USA - August 7 2018 The Epic Systems trilogy of labor arbitration cases was the most important commercial matter on the U.S. Supreme Court's calendar this term. More…