Gaëtan Verhoosel KC, Ridhi Kabra, YiKang Zhang, and Anton Chaevitch authored three chapters for Pro Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years, published by JURIS Legal Information in 2023.
Gaëtan Verhoosel KC and Ridhi Kabra wrote the chapter, “Being Pro-Arbitration: Insights from the European Union’s Approach Towards Investor-State Arbitration”, YiKang Zhang authored the chapter on “What does it mean to Be Pro-Arbitration? Effectuating Party Intent in Constructing an Arbitration Agreement”, and Anton Chaevitch wrote the chapter, “Pro-Arbitration = Pro-Litigation”.
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Reza Mohtashami KC co-authored the chapter on “Confidentiality and Privilege” in the MENA Leading Arbitrators’ Guide to International Arbitration, due to be published by JURIS Legal Information in September 2023. The chapter addresses the confidentiality of arbitration proceedings across the MENA region, looking at how arbitration laws across the region and the most commonly used arbitral rules regulate the confidentiality of proceedings and how the issue has been addressed by national courts.
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Leilah Bruton contributed the “Summary Judgment in International Arbitrations Seated in England: Recent Developments and Future Perspectives” chapter in International Arbitration in England: Perspectives in Times of Change, published by Kluwer Law International in 2022. The chapter examines the potential impact of recent developments in the recognition of the arbitral tribunal’s power summarily to dismiss claims or defences or decide issues in international arbitration, with a particular focus on arbitrations seated in England.
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Ridhi Kabra wrote the “International Investment Law in Indian Courts” chapter in International Investment Law – An Analysis of the Major Decisions, published by Bloomsbury in 2022. The chapter examines the contributions of India’s national judges to the development of investment law through an analysis of decisions relating to India’s attempt to seek injunctions against investment treaty arbitrations.
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Reza Mohtashami QC, Leilah Bruton, and Farouk El-Hosseny contributed the “Standards of Protection and the State’s Sovereign Right to Regulate and its Limits” chapter to the first edition of The Guide to Telecoms Arbitration, due to be published by Global Arbitration Review in 2022. The chapter will address disputes that relate to the control over spectrum and the telecommunications sector and disputes brought as a result of restrictive host-State measures on defence and national security grounds.
Gaëtan Verhoosel QC, Manish Aggarwal, Trey Childress, and Anton Chaevitch authored three chapters for Reflections on International Arbitration – Essays in Honour of Professor George Bermann, published by JURIS Legal Information.
Gaëtan Verhoosel QC and Manish Aggarwal wrote the chapter, “The Impact of Brexit on Investment Treaty Protection in the European Union”, Trey Childress authored a chapter on “The Use of Anti-Anti-Suit Injunctions in International Litigation”, and Anton Chaevitch wrote the chapter, “The Three Paradigm Shifts of International Arbitration”.
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Farouk El-Hosseny and Ilan Brun-Vargas co-authored the “ISDS and human rights: a Latin American dialectic” chapter in Latin America and international investment law – A mosaic of resistance with Patrick Devine, published by Manchester University Press in 2022. The chapter explores a toolkit available to investment tribunals dealing with human rights issues.
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Hamid Abdulkareem co-wrote the “Substantive Protections: Obligations” chapter to the first edition of The Guide to Investment Treaty Protection and Enforcement with Babatunde O Fagbohunlu, SAN, published by Global Arbitration Review in 2022. The chapter explores three distinct substantive protections: umbrella clauses, transfer of funds clauses, and prohibitions of performance requirements, providing an overview and treaty examples for each. The authors also look at relevant case law and identify (where applicable) the jurisprudential debates that have emerged.
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Ahmed El-Far co-authored the “Subcontracts and Multiparty Arbitration in Construction Disputes” chapter to the fourth edition of The Guide to Construction Arbitration with Stavros Brekoulakis, published by Global Arbitration Review in 2021. The chapter explores the use and importance of subcontracts in construction law, as well as their relationship to main contracts. The authors also discuss the circumstances that give rise to multiparty arbitration in construction disputes.
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Kimberly Larkin, Julia Sherman, Kelly Renehan, and Anish Patel contributed the “Using Technology and e-Disclosure” chapter to the first edition of The Guide to Evidence in International Arbitration, published by Global Arbitration Review in 2021. The chapter looks at the current state of play on production of electronically stored information (ESI), e-disclosure practices in the United Kingdom and the United States, technological solutions and strategies, and determining the need for an ESI database.
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Reza Mohtashami QC and Farouk El-Hosseny wrote the “Non-Compensatory Damages in Civil and Common Law Jurisdictions – Requirements and Underlying Principles” chapter in the fourth edition of The Guide to Damages in International Arbitration, published by Global Arbitration Review in 2021. The authors review the availability of different types of non-compensatory damages under common law and civil law systems, limitations on the authority of arbitral tribunals in this regard, and the position under international law and the extent to which moral damages are assuming a non-compensatory function.
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Todd Wetmore and Simon Elliot authored the “COVID-19 and Construction Disputes” chapter in the 2020 guide, International Arbitration and the COVID-19 Revolution, published by Kluwer. The chapter identifies the impact of COVID-19 on construction projects, construction disputes in the post-COVID-19 landscape, and how the experience of COVID-19 will impact the resolution of construction disputes.
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Todd Wetmore and Simon Elliot contributed the France chapter to Construction & Engineering Laws and Regulations, published by International Comparative Legal Guides in 2020.
Gaëtan Verhoosel QC and Luke Sobota authored the “Written and Oral Procedures” chapter in The ICSID Convention, Regulations and Rules, published by Edward Elgar in 2019. The chapter outlines the purpose and interpretation of the rules relating to normal procedures, transmission of the request, the written procedure, the oral procedure, and evidence.
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Constantine Partasides QC and Manish Aggarwal provided the “Jurisdiction of the Arbitral Tribunal” chapter to Arbitration in India, published by Kluwer in 2019. The publication aims to provide an up-to-date analysis of arbitration in India for foreign counsels and arbitrators.
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Manish Aggarwal co-authored a chapter, “The Industry Panel – What Role is there for International Law in the Protection of IP in the Technology Sector?”, in Investment Treaty Arbitration and International Law, published by Juris in 2018. The chapter addresses the future of international trade and investment law in the technology sector, using international investment law and arbitration to enforce intellectual property rights, market access commitments, and obligations to permit cross-border data flows.
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Luke Sobota provided the “Alien Tort Statute” chapter to International Aspects of U.S. Litigation, published by the American Bar Association (ABA) in 2017. The book serves as a comprehensive reference guide to practitioners on the various issues that can arise when cross-border cases are litigated in the U.S. courts.
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Kathryn Khamsi co-authored the “Mining Arbitration in Africa” chapter in the 2017 edition of The Middle Eastern and African Arbitration Review, published by Global Arbitration Review. The chapter looks at the host State perspective, substantive claims to which State measures may give rise, and procedural questions to which the possibility of parallel proceedings gives rise. The authors also provides the mining sector investor perspective, the termination of mining rights for failure to perform, and claims for damages.
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Carmen Martinez Lopez co-authored the “Fraud, Corruption, and Abuse of Process in Investment Treaty Arbitration” chapter in the second edition of The Investment Treaty Arbitration Review, published by The Law Reviews in 2017.
Luke Sobota contributed the “Repeat Arbitrator Appointments in International Investment Disputes” chapter to Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, published by Brill in 2015. The chapter explores a specific ground for challenge to a party-appointed arbitrator: repeat appointments by the same party or law firm.
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Kathryn Khamsi co-authored the “The Argentine Crisis and Foreign Investors: A Glimpse into the Heart of the Investment Regime” chapter with José E. Alvarez in the 2008–2009 edition of Yearbook on International Investment Law & Policy, published by Oxford University Press. The publication provides an overview of developments in the global international investment law and policy field.
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