The Investor-State Dispute Settlement Provision in the Trans-Pacific Partnership: Not the Death Knell Critics Are Looking For

Michael Pucci, Vol. 37 Associate Editor A little over a year before handing over the keys to the White House to his successor, President Obama finds himself in a peculiar position: he may have to rely primarily on Republican support for one of his last major legislative initiatives. After years of negotiations, the United States […]

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Legal Uncertainty Remains in International Arbitration for Chinese-Foreign Disputes

Zhouyuan Diana Duan Vol. 37 Executive Editor Vol. 36 Associate Editor Introduction The question of whether a foreign arbitral institution can administer an arbitration seated in Mainland China has been discussed for many decades and still remains unresolved till this day. Until 2009, two leading cases established two different perspectives on this issue. In 2006, […]

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South China or West Philippine Sea? United Nations Convention on the Law of the Sea (UNCLOS) and International Arbitration

Sam Fitzpatrick, Vol. 36 Associate Editor On January 23, 2013, the Republic of the Philippines initiated binding arbitration in the Permanent Court of Arbitration after exhausting diplomatic and political remedies to resolve its dispute with China over the South China Sea.[1]  The Philippine’s memorial requested that the Permanent Court of Arbitration, in accordance with Annex […]

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