International Arbitration Renewable En

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International Arbitration Renewable En

Author : Emma Johnson
Publisher :
ISBN 13 : 9781787424661
Total Pages : 90 pages
Book Rating : 4.4/5 (246 download)

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Book Synopsis International Arbitration Renewable En by : Emma Johnson

Download or read book International Arbitration Renewable En written by Emma Johnson and published by . This book was released on 2021-05-31 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a temporary decline in energy usage and emissions resulting from the confinement policies adopted by many states in response to the Covid-19 pandemic, the world is not on track to meet the Paris Agreement climate change goals. In order to bridge the 'emissions gap' by 2030, the energy industry is critical to achieving the necessary cuts to emissions, however, it must also balance increasing energy demand with the need to achieve sustainability of energy supply for future generations. This requires the industry to transition from dependence on fossil-fuel sources and look to new technologies that underpin a low-carbon economy. Renewables are central to this transition. The increase in renewable energy capacity globally and the complex and relatively untested nature of renewables projects and the contracts underlying them give rise to a wide range of potential disputes. International arbitration has long been the preferred dispute resolution forum for the energy sector and is well placed to be the leading process for resolving the many and varied disputes that can arise in the lifetime of a renewables project. In light of the increased prevalence of renewable disputes, this Special Report considers: -the defining characteristics of renewables projects; -the scope for disputes to arise in the implementation of these projects at an inter-state, investor-state and commercial level; -the suitability of arbitration to resolve these disputes, and how its processes can be adapted to resolve them in an efficient and effective way; and -what the future of arbitration of renewable energy disputes might look like. Written for both a legal and non-legal audience, this Special Report is relevant to those interested in learning about the scope for disputes in the renewables sector, how they can be avoided, and how arbitration can best be deployed to prevent delay and help push energy transition forward.

Renewable Energy Arbitration-quo Vadis?

Author : Filip Balcerzak
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004509348
Total Pages : 508 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Renewable Energy Arbitration-quo Vadis? by : Filip Balcerzak

Download or read book Renewable Energy Arbitration-quo Vadis? written by Filip Balcerzak and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on analysis of 21 arbitral awards rendered in the "Spanish saga" cases, this book discusses the current challenges faced by international investment law in the renewable energy sector. Filip Balcerzak offers both micro-level analysis of each individual case and macro-level conclusions of universal relevance.

International Arbitration in the Energy Sector

Author : Maxi Scherer
Publisher : Oxford University Press
ISBN 13 : 0192528319
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer

Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press. This book was released on 2018-02-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.

International Arbitration in Latin America

Author : Gloria M. Alvarez
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119973X
Total Pages : 462 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration in Latin America by : Gloria M. Alvarez

Download or read book International Arbitration in Latin America written by Gloria M. Alvarez and published by Kluwer Law International B.V.. This book was released on 2021-04-08 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Guide to Energy Arbitrations

Author : J William Rowley QC
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377535
Total Pages : 312 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Guide to Energy Arbitrations by : J William Rowley QC

Download or read book Guide to Energy Arbitrations written by J William Rowley QC and published by Law Business Research Ltd.. This book was released on 2017-06-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Arbitration Review's The Guide to Energy Arbitrations is an essential desk-top reference tool for energy companies, their advisers and arbitrators, bringing together a number of pre-eminent authors and pulling together the latest and best approaches to the myriad issues confronted in today's energy disputes. J William Rowley QC of 20 Essex St, acts as General Editor, editors are Doak Bishop of King & Spalding and Gordon Kaiser, with contributions from leading firms across the world. The book has 18 chapters split into 4 sections: I. Investor-State Disputes in the Energy Sector II. Commerical Disputes in the Energy Sector III. Contractual Terms IV. Procedural Issues in Energy Arbitrations. "e;The Guide to Energy Arbitration is a very useful and unique contribution to the literature in the area...it...assembles the views and insights of leading counsel and arbitrators on many of the key issues and trends in the energy arbitration world. It should be a valuable guide to energy companies and their internal and external counsel, in addition to being of interest to commercial and litigation lawyers generally."e; - Glenn Zacher, Partner, Stikeman Elliot

The Guide to Energy Arbitrations

Author : John William Rowley
Publisher :
ISBN 13 : 9781838628789
Total Pages : 0 pages
Book Rating : 4.6/5 (287 download)

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Book Synopsis The Guide to Energy Arbitrations by : John William Rowley

Download or read book The Guide to Energy Arbitrations written by John William Rowley and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Investment Arbitration and Climate Change

Author : Annette Magnusson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542179
Total Pages : 373 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Investment Arbitration and Climate Change by : Annette Magnusson

Download or read book Investment Arbitration and Climate Change written by Annette Magnusson and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following: investment disputes arising from States’ climate measures or actions; whether and how states can file counterclaims against investors in such disputes; the appropriate role for climate science at various stages of arbitration; how to assess damages in cases involving fossil assets left stranded by the climate transition; and whether, on balance, existing international investment law supports or hinders the global energy transition. Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors. For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.

Renewable Energy Arbitrations - Quo Vadis?

Author : Filip Balcerzak
Publisher : Brill Nijhoff
ISBN 13 : 9789004509337
Total Pages : 0 pages
Book Rating : 4.5/5 (93 download)

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Book Synopsis Renewable Energy Arbitrations - Quo Vadis? by : Filip Balcerzak

Download or read book Renewable Energy Arbitrations - Quo Vadis? written by Filip Balcerzak and published by Brill Nijhoff. This book was released on 2023-03-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on analysis of 21 arbitral awards rendered in the "Spanish saga" cases, this book discusses the current challenges faced by international investment law in the renewable energy sector. Filip Balcerzak offers both micro-level analysis of each individual case and macro-level conclusions of universal relevance.

International Arbitration in the Energy Sector

Author : Maxi Scherer
Publisher : Oxford University Press, USA
ISBN 13 : 9780198805786
Total Pages : 528 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer

Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press, USA. This book was released on 2018-02-22 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in the Energy Sector' puts disputes in the energy and natural resources sector into a global context, providing broad coverage of different forms and systems of dispute across both renewable and non-renewable sectors.

International Investment Arbitration and Energy Disputes in the EU

Author : Gloria M Alvarez
Publisher : Hart Publishing
ISBN 13 : 9781509925056
Total Pages : 208 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis International Investment Arbitration and Energy Disputes in the EU by : Gloria M Alvarez

Download or read book International Investment Arbitration and Energy Disputes in the EU written by Gloria M Alvarez and published by Hart Publishing. This book was released on 2021-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to a new paradigm shift towards sustaining the Energy Charter Treaty, which remains the key instrument on global energy governance and foreign investment. The book detangles the misunderstandings produced by Achmea and Micula, drawing upon the consequences of international energy investments in the EU. The author demonstrates a clear solution where ECT tribunals respect the autonomy of EU law, while resolving intra-EU energy disputes. She achieves this by presenting for the first time comprehensive scholarly, jurisprudential and empirical findings proving that EU Law operates a functional role in analysing breaches of investment treaty protection. If applied effectively, this new approach can produce valid and enforceable intra-EU arbitration awards. At a time when the ECT is being modernised, the conceptual standpoints presented offer a problem-solving approach to assist the arbitrator, academic, policymaker and legal practitioner in understanding both the present and the future of EU energy investments. The book focuses on the low-carbon power sector, including electricity, nuclear and renewable energy disputes. The arguments advanced can be transplanted to other economic sectors and regional investment blocks, including CETA, EU-Singapore, EU-Mercosur, EU-Mexico and the EU-Australia Trade Agreements.

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty

Author : Graham Coop
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833793
Total Pages : 472 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty by : Graham Coop

Download or read book Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty written by Graham Coop and published by Juris Publishing, Inc.. This book was released on 2011-06-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.

International Energy Arbitration

Author : Paul Cohen (Lawyer)
Publisher :
ISBN 13 : 9780414034440
Total Pages : 600 pages
Book Rating : 4.0/5 (344 download)

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Book Synopsis International Energy Arbitration by : Paul Cohen (Lawyer)

Download or read book International Energy Arbitration written by Paul Cohen (Lawyer) and published by . This book was released on 2015-07-31 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete guide to international energy arbitration for practitioners and inhouse counsel. Taking a sector-by-sector approach, it examines in detail the legal framework surrounding energy disputes and uses real case studies to provide insight into the practical and legal issues that exist in complex energy disputes.

Alternative Dispute Resolution in the Energy Sector

Author : Association for International Arbitration
Publisher : Maklu
ISBN 13 : 9046602672
Total Pages : 158 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Alternative Dispute Resolution in the Energy Sector by : Association for International Arbitration

Download or read book Alternative Dispute Resolution in the Energy Sector written by Association for International Arbitration and published by Maklu. This book was released on 2009 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world held in the grip of economic downfall - with increasing scarcity of energy supplies, plummeting oil prices, rising intra-state energy transit, protectionist natural resources policies, and growing environmental concerns - time and cost are not to be underestimated factors in the choice of a suiting dispute resolution method. This book covers the hot topics related to the Energy Charter Treaty, not only from a theoretical point of view, but also from practical experiences in France, the UK, and Belgium. Moreover, this publication is original in that it addresses the issue of soft law in investment arbitration and includes a fictional case elaborating on the influence of different interest groups in energy disputes.

The Oxford Handbook of International Arbitration

Author : Thomas Schultz
Publisher : Oxford University Press
ISBN 13 : 0192515969
Total Pages : 1008 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Arbitration by : Thomas Schultz

Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by Oxford University Press. This book was released on 2020-09-11 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Contractual Renegotiations and International Investment Arbitration

Author : Aikaterini Florou
Publisher : BRILL
ISBN 13 : 9004407472
Total Pages : 261 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contractual Renegotiations and International Investment Arbitration by : Aikaterini Florou

Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.

Legitimate Expectations and Fair-And-Equitable-Treatment Under the Energy Charter Treaty

Author : Niclas Landmann
Publisher :
ISBN 13 : 9783848786541
Total Pages : 370 pages
Book Rating : 4.7/5 (865 download)

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Book Synopsis Legitimate Expectations and Fair-And-Equitable-Treatment Under the Energy Charter Treaty by : Niclas Landmann

Download or read book Legitimate Expectations and Fair-And-Equitable-Treatment Under the Energy Charter Treaty written by Niclas Landmann and published by . This book was released on 2022-01-14 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: A recent tide of ISDS cases in the renewable energy sector has generated a large number of arbitral awards that turn of the notion of legitimate expectations. The Fair and Equitable Treatment Standard (FET) and the notion of legitimate expectations has been highly undetermined in the past. This work contains a comprehensive analysis of the renewable energy awards and the interpretation of the notion of legitimate expectations therein. In particular, it is examined whether arbitral jurisprudence formed a cohesive body of caw-law. The author analyses which aspects with regard to commitment by the states, due diligence of the investors, and level of impact were considered a violation of the FET Standard by recent arbitral tribunals.

International Arbitration: Law and Practice

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration: Law and Practice by : Gary B. Born

Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).