Journal

Volume 43 | Number 3 Summer 2008

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The Convergence of Renewed Nationalization, Rising Commodities, and “Americanization” in International Arbitration and the Need for More Rigorous Legal and Procedural Defenses

by Kevin T. Jacobs & Matthew G. Paulson

Summary

  1. Introduction
  2. Burgeoning International Arbitration
    1. Overview of International Arbitration
    2. Arbitral Proceedings
    3. "Americanization" of International Arbitration
  3. Concession Agreements, Nationalization, and its Resurgence
    1. From Concessions to Contracts: The Birth and Development of Production Sharing Agreements and National Oil Companies
    2. Historical Nationalization
      1. A Brief Overview of Early Arbitrations Involving Nationalization
        1. Libyan Nationalization Cases
        2. Iran-United States Claims Tribunal
    3. Nationalization in Latin America
  4. New Challenges in International Arbitrations: More Sophisticated and Aggressive Defenses to Investor Claims and the Need for a More Rigorous Use of Legal Defenses and Procedural Safeguards
    1. Legal Responses: More Rigorous Use of Legal Defenses and Early Resolution of Claims Subject to Them
      1. Prescription
      2. Laches
      3. Estoppel by Representation
      4. Acquiescence
    2. Procedural Safeguards
      1. Arbitral Rules Regarding Preliminary Decisions
      2. Disclosures by Party-Appointed Experts
  5. Conclusion

Footnotes

For complete footnote citations, download the PDF.

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