Mixed Arbitration

In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory power. These concerns have not only been expressed in scholarship, but have also been at the forefront of State negotiations in recent multilateral and bilateral trade and investment…

Dapo recently posted on this blog about the rise of inter-State cases before the PCA and predicted that "the current rise of inter-state arbitration will endure for some time“. Many readers will presumably be quite happy about the trend described: binding dispute resolution, if it happens, tends to make us international lawyers happy after all - so…

            Jarrod Hepburn is a Lecturer in Law at the University of Exeter, UK. There has been much discussion in recent years – and in recent weeks on this blog – of the potential for investment treaty arbitration to benefit from a ‘comparative public law’ approach. In brief, the approach conceives of…

Kevin tells the story here. Remarkably, the lawyers representing Chevron in its long-standing series of disputes with Ecuador issued a subpoena for information from Kevin’s Gmail account. Their only apparent reason for doing so was Kevin’s commentary on the case at Opinio Juris. Due to the ACLU’s intervention on Kevin’s behalf the subpoena request was…