Rethinking ISDS

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing

The Inaugural Brooklyn Lecture on International Business Law: “ISDS: The Wild, Wild West of International Practice”

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law

Characterizing Nationalizations For Purposes of The Foreign Sovereign Immunities Act and The Act of State Doctrine

This article will review the traditional approach to nationalization and assess the new theories in light of the FSIA [the Foreign Sovereign Immunities Act of 1976], Alfred Dunhill, Inc. v. Republic of Cuba, 425 U.S. 682 (1976) [Dunhill], and recent case law

67. International investment arbitration: Winning, losing and why

This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1391/thumbnail.jp

67. International investment arbitration: Winning, losing and why

This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1391/thumbnail.jp