THE GUIDE TO TELECOMS ARBITRATIONS

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.

LATIN AMERICA AND INTERNATIONAL INVESTMENT LAW

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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THE GUIDE TO INVESTMENT TREATY PROTECTION AND ENFORCEMENT

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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THE GUIDE TO CONSTRUCTION ARBITRATION

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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THE GUIDE TO EVIDENCE IN INTERNATIONAL ARBITRATION

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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THE GUIDE TO DAMAGES IN INTERNATIONAL ARBITRATION

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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INTERNATIONAL ARBITRATION AND THE COVID-19 REVOLUTION

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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THE ICSID CONVENTION, REGULATIONS AND RULES

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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ARBITRATION IN INDIA

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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INVESTMENT TREATY ARBITRATION AND INTERNATIONAL LAW

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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INTERNATIONAL ASPECTS OF U.S. LITIGATION

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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THE MIDDLE EASTERN AND AFRICAN ARBITRATION REVIEW

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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CHALLENGES AND RECUSALS OF JUDGES AND ARBITRATORS IN INTERNATIONAL COURTS AND TRIBUNALS

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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YEARBOOK ON INTERNATIONAL INVESTMENT LAW & POLICY

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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