Emory International Law Review

Volume 30Issue 1
Articles

“Lessons” Confirmed While Serving as Arbitrator and Counsel in Arbitrations Involving Africa

Charles N. Brower, Michael P. Daly, & Sarah Melikian | 30 Emory Int'l L. Rev. 5 (2015)

In a keynote address given on November 3, 2014 at the Atlanta International Arbitration Society’s Third Annual Conference, Enhancing Business Opportunities in Africa: The Role, Reality and Future of Africa-Related Arbitration, Judge Charles N. Brower offered four lessons learned while serving as an arbitrator and legal counsel in arbitrations involving Africa. The lessons that emerged from Judge Brower’s experiences with cases involving African States can be universally applied outside the realm of African disputes.

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A Perplexing Paradox: “De-Statification” of “Investor-State” Dispute Settlement?

Becky L. Jacobs | 30 Emory Int'l L. Rev. 17 (2015)

Expanding on panel discussions at the Atlanta International Arbitration Society’s Third Annual Conference, Enhancing Business Opportunities in Africa, Professor Becky L. Jacobs critically examines demands that states be removed from investor-state dispute settlement (ISDS). Professor Jacobs considers various critiques of, and reforms or adjustments to, existing ISDS systems that relate to states’ rights to pursue legitimate public policy objectives. In reviewing data and details of African state involvement in ISDS, Professor Jacobs highlights an apparent “diversity deficit” in the participation of African nationals as arbitrators and counsel in investment arbitrations, as well as proposals to include African nationals in ISDS systems.

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