In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.

EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

Have you ever been frustrated that arbitration folk aren't more numerate? The Guide to Damages in International Arbitration is a desktop reference work for those who'd like greater confidence when dealing with the numbers. This second edition builds upon last year's by updating and adding several new chapters on the function and role of damages experts, the applicable valuation approach, country risk premium, and damages in gas and electricity arbitrations.This edition covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. It is designed to help all participants in the international arbitration community to discuss damages issues more effectively and communicate them better to tribunals, with the aim of producing better awards. The book is split into four parts: Part I - Legal Principles Applicable to the Award of Damages; Part II - Procedural Issues and the Use of Damages Experts; Part III - Approaches and Methods for the Assessment and Quantification of Damages; Part IV - Industry-Specific Damages Issues

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.