Volume 19: Issue 2 (August 2009)

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Articles

Class Actions in International Arbitration: Applicable Rules and Law
Hans Smit

A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct in International Commercial Arbitration?
Randy D. Gordon

Between Scylla and Charybdis: Can a Plea of Necessity Offer Safe Passage to States in Responding to an Economic Crisis Without Incurring Liability to Foreign Investors?
Nicholas Song

The End of Investor-State Arbitration in Ecuador? An Analysis of Article 422 of the Constitution of 2008
Eric Gillman

Current Developments

Investment Treaties and Investor-State Arbitration: The Japanese Perspective
Koichi Miki

Arbitral & Judicial Decisions

The Prospective Waiver of a Statutory Claim Invalidates an Arbitration Clause: The Eleventh Circuit Decision in Thomas v. Carnival Corp.
Joseph R. Brubaker