Background - Practices (Details)

International Dispute Resolution

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Articles

  • "Preston v. Ferrer," International Arbitration Law Review, Vol. 11, Issue 3 (2008). Co-Authors: Jane Wessel, Claire Stockford, and Peter Eyre.
  • "Hall Street Associates, LLC v. Mattel Inc," International Arbitration Law Review, Vol. 11, Issue 3 (2008). Co-Authors: Jane Wessel, Claire Stockford, and Peter Eyre.

    Crowell & Moring London office counsel Jane Wessel and associate Claire Stockford, along with DC-based associate Peter J. Eyre, write about the challenges faced in the litigation case Hall Street Associates, LLC v. Mattel Inc. In this case, the United States Supreme Court held that the Federal Arbitration Act’s provisions containing grounds vacatur, modification, and correction of arbitration awards are exclusive and may not be expanded by the parties to an arbitration agreement.

  • "Gulf Petro Trading Co. Inc. v. Nigerian National Petroleum Corp." International Arbitration Law Review, Vol. 11, Issue 2 (2008). Co-Authors: Jane Wessel, Claire Stockford, and Peter Eyre.
  • "ECT: One, Two, Three: A Brief Primer on Investment Protection Under the Energy Charter Treaty," Russia/Eurasia Committee Newsletter (Fall 2007). Co-Authors: M. Brinkley Tappan and Dana C. Contratto.

    Chair of Crowell & Moring’s Energy Group, Dana C. Contratto, and International Dispute Resolution Group associate, M. Brinkley Tappan, write about the investment protection provisions under the Energy Charter Treaty (ECT) in the ABA’s Section of International Law Russia/Eurasia Committee Newsletter.

  • "Project Management - Milestones on the Road to Commercial Operation," Power Magazine (November 1, 2007). Co-Authors: Arif Hyder Ali and Denis J. King.

    Crowell & Moring International Dispute Resolution Group co-chair Arif Hyder Ali writes about the general guidelines for dispute resolution matters with respect to the principal milestones in achieving commercial operation in power plants in Power Magazine.

  • "Fair and Equitable Treatment: Emergency Exception/State of Necessity," Chapter in Investment Treaty Law: Current Issues II, British Institute of International and Comparative Law (BIICL) (2007). Author: Ian A. Laird.
  • "International Legal Developments in Review: 2006 – International Arbitration," 41 The International Lawyer 251 (Summer 2007). Co-Author: Ian A. Laird.
  • "US Discovery in Aid of Foreign or International Proceedings: the Rise of 28 USC, sec. 1782," The Journal of the Dispute Resolution Section of the International Bar Association, Vol. 1, No. 1 (June 2007) (also appeared in Transnational Dispute Management, Vol. 4, No. 05, September 2007). Co-Authors: Jane Wessel and Peter J. Eyre.

    Crowell & Moring counsel Jane Wessel and associate Peter J. Eyre write about the United States statute 28 USC, s 1782, which allows parties engaged in international disputes to obtain documents and testimonial evidence from companies or individuals in the U.S.

  • "The New Argentine Hydrocarbons Law: A Protected Bay for Energy Investors," Latin Lawyer, Volume 6, Issue 5 (June 2007). Co-Authors: Arif Hyder Ali and Tomas Chevallier-Boutell.

    Co-chair of Crowell & Moring’s International Dispute Resolution Group Arif Hyder Ali, along with Fortunati & Asociados associate Tomas Chevallier-Boutell, report on recent amendments to Argentina’s new hydrocarbons legislation which will make the country attractive to investors in the energy sector, while other countries continue to be unwelcoming to private investors.

  • "Key Issues and Recent Developments in International Investment Treaty Arbitration," ABA Section of International Law Meeting Materials (Spring 2007). Co-Authors: Alexandre de Gramont and Maria Gritsenko.
  • "Is Arbitration Unfair to Parties from Developing Countries: A Study Proposal," ABA International Law Section Annual Meeting (May 2007). Author: Arif Hyder Ali.
  • "Using Experts in Arbitration," American Arbitration Association's Dispute Resolution Journal, Vol. 62, No. 1 (February 2007/April 2007). Co-Authors: George D. Ruttinger and Joseph L. Meadows.

    Chair of Crowell & Moring’s Government Contracts Group George D. Ruttinger and counsel Joseph L. Meadows write about the opportunities to use and present expert evidence in arbitration cases vs. traditional litigation cases.

  • "Recent International Developments: Private, International Arbitration Panel Qualifies as § 1782 Tribunal, U.S. Court Held," World Arbitration and Mediation Report, www.jurispub.com (February 2007). Co-Authors: Jane Wessel and Peter Eyre.

    International Arbitration Group counsel Jane Wessel and associate Peter J. Eyre write about the U.S. Courts judgment to expand 28 U.S.C. § 1782. Under this statute, parties involved in non-U.S. dispute resolution proceedings can seek discovery in the U.S. in aid of those proceedings.

  • "US Discovery in Aid of Non-US Arbitration Proceedings," International Arbitration Law Review, Vol. 10, Issue 1 (February 2007). Co-Authors: Jane Wessel and Peter J. Eyre.

    Crowell & Moring London office counsel Jane Wessel and D.C. associate Peter J. Eyre write about the arbitration tribunals that qualify as "tribunals" under the U.S. statutory provision 28 U.S.C. s. 1782. This provision allows those involved in non-U.S. dispute resolution proceedings to seek discovery in the United States in aid of those proceedings.
  • "A Cross-Comparison of Institutional Mediation Rules," Transnational Dispute Management, Vol. 4, Issue 01 (February 2007). Author: Arif Hyder Ali.
  • "Commentary: U.S. Discovery in Aid of Non-U.S. Arbitration Proceedings: In re Matter of the Application of Oxus Gold PLC," World Arbitration and Mediation Report, www.jurispub.com (December 2006). Co-Authors: Jane Wessel and Peter Eyre.

    Crowell & Moring London office counsel Jane Wessel and Washington, DC office associate Peter J. Eyre write about the recent ruling in Oxus Gold PLC.

  • "Uzbekistan, The Coca-Cola Export Corporation, And Zeromax, Inc. Sued for Unlawful Expropriation and Other Illegal Conduct," The ABA Section of International Law's Russia/Eurasia Committee Newsletter (October 2006). Co-Authors: Stuart H. Newberger and Peter J. Eyre.

    Stuart H. Newberger and Peter J. Eyre, Crowell & Moring attorneys for the New Jersey based ROZ Trading, Ltd., write about the client's proceedings before the federal court in Washington, D.C. and the International Arbitral Centre of the Federal Economic Chamber in Vienna, Austria. ROZ Trading, Ltd. is seeking more than $150 million in damages for unlawful conspiracy and expropriation.

  • "Finality versus Consistency: Does Investor-State Arbitration Need An Appellate System?" 7(2) Journal of Appellate Practice and Process 101 (2006). Co-Authors: Ian A. Laird and Rebecca Askew.
  • "An Offer One Can't Refuse: Mediate," National Law Journal (October 18, 2004). Co-Authors: Kathryn Kirmayer and Jane Wessel.
  • "Best Practices Series No. 7: Best Practices in Drafting International Arbitration Clauses," UNITAR: Training and Building Programmes in Legal Aspects, Financial Management and Negotiations (December 2003). Author: Arif Hyder Ali.