Books

Georgios Petrochilos QC co-authored the fourth edition of International Chamber of Commerce Arbitration with W. Laurence Craig, William W. Park, Jan Paulsson, and Eduardo Silva Romero, published by Oxford University Press in 2021. The text covers every aspect of ICC arbitration, providing a detailed description of the arbitral process, important rulings of the ICC, and their potential impact on future awards.

To find out more about the publication, click here.

Georgios Petrochilos QC co-edited Social License and Dispute Resolution in the Extractive Industries with Cory H. Kent, Shaheeza Lalani, and Andreas R. Ziegler, published by Brill in 2021. The publication offers insights from both renowned academics and practitioners on a range of topics that focus on mining disputes, including third party funding, grievance and redress, and the protection of human rights and the environment. 

To find out more about the publication, click here.

Luke Sobota co-authored International Arbitration: Three Salient Problems with Stephen M. Schwebel and Ryan Manton, published by Cambridge University Press in 2020. This edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals.

To find out more about the publication, click here.

Georgios Petrochilos QC and Jan Paulsson co-authored UNCITRAL Arbitration, published by Kluwer in 2017. The text introduces the UNCITRAL rules and looks at the composition of the arbitral tribunal, arbitral proceedings, awards, and the rules on transparency in treaty-based investor-State arbitration. 

To view the publication, click here.

Luke Sobota co-wrote General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes with Charles T. Kotuby, published by Oxford University Press in 2017. This monograph summarises and analyses the general principles of law and norms of international due process.

To find out more about the publication, click here.

Constantine Partasides QC co-authored the sixth edition of Redfern and Hunter on International Arbitration with Alan Redfern, Martin Hunter, and Nigel Blackaby, published by Oxford University Press in 2015. The book looks at the law and practice of international arbitration in today’s world against a background of change and evolution. It addresses the changes in national laws governing international arbitrations and arbitral rules that have taken place since the fifth edition was published in 2009.

To find out more about the publication, click here.

Reza Mohtashami QC co-authored A Guide to the LCIA Arbitration Rules with Peter Turner, published by Oxford University Press in 2009. Grouped thematically, the authors provide a commentary on each rule, including a description of the rule and its intended meaning, the provenance and history of the rule, the practical effect with reference to previous case law and jurisprudence, and a comparative look at conceptual and practical differences between each rule. 

To find out more about the publication, click here.

Georgios Petrochilos QC authored Procedural Law in International Arbitration, published by Oxford University Press in 2004. The publication comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions.

To find out more about the publication, click here.

Gaëtan Verhoosel QC authored National Treatment and WTO Dispute Settlement: Adjudicating the Boundaries of Regulatory Autonomy, published by Bloomsbury in 2002. This book provides an integrated framework of the WTO parameters defining the interface between the WTO and domestic legal orders, and examines how WTO adjudicators have construed those rules.

To find out more about the publication, click here.

CHAPTERS

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 and Manish Aggarwal authored a chapter, “The Impact of Brexit on Investment Treaty Protection in the European Union”, in Reflections on International Arbitration – Essays in Honour of Professor George Bermann, published by Juris in 2022. 

To find out more about the chapter, click here.

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.

To find out more about the publication, click here.

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.

To view the chapter, click here.

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.

To view the chapter, click here.

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.

To view the chapter, click here.

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.

To view the chapter, click here.

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.

To view the chapter, click here.

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.

To find out more about the publication, click here.

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. 

To find out more about the publication, click here.

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.

To find out more about the chapter, click here.

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.

To find out more about the publication, click here.

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. 

To view the chapter, click here.

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. 

To find out more about the chapter, click here.

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.

To find out more about the publication, click here.