Volume 43 | Number 3 Summer 2008
The Convergence of Renewed Nationalization, Rising Commodities, and “Americanization” in International Arbitration and the Need for More Rigorous Legal and Procedural Defenses
Summary
- Introduction
- Burgeoning International Arbitration
- Overview of International Arbitration
- Arbitral Proceedings
- "Americanization" of International Arbitration
- Concession Agreements, Nationalization, and its Resurgence
- From Concessions to Contracts: The Birth and Development of Production Sharing Agreements and National Oil Companies
- Historical Nationalization
- A Brief Overview of Early Arbitrations Involving Nationalization
- Libyan Nationalization Cases
- Iran-United States Claims Tribunal
- Nationalization in Latin America
- Legal Responses: More Rigorous Use of Legal Defenses and Early Resolution of Claims Subject to Them
- Prescription
- Laches
- Estoppel by Representation
- Acquiescence
- Procedural Safeguards
- Arbitral Rules Regarding Preliminary Decisions
- Disclosures by Party-Appointed Experts
Footnotes
For complete footnote citations, download the PDF.