ISDS

John Walton in LawFuel’s 2016 list of arbitrators to watch

Legal publisher, LawFuel, has released its 2016 list of arbitration stars – John Walton has been listed as an “up-and-comer” or one to watch, along with former Solicitor-General Mike Heron QC, NZDRC’s John Green, rural specialist Ranald Gordon, Chapman Tripp’s Daniel Kalderimis and Russell McVeagh’s Sally Fitzgerald.

It’s an illustrious list. 

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TPPA – Chill Wind, or Hot Air

With the increase in global trade, and cross-border investment over the last 20 years in particular, it has become critical for parties to develop a means of settling disputes and for lawyers to be able to advise them.  International arbitration has provided a reliable and effective means of ensuring disputes are dealt with under the rule of law; it is an accepted means for parties to settle commercial disputes, and the only effective means for dispute resolution in cross border disputes.  The alternative would require one party to submit to the jurisdiction of the courts of the other.  In practical terms, that would constrain most inward investment from the First World into the developing world.

This is where much of the criticism of ISDS is centred.

The following article was published in the latest edition of LawNews, the publication of the Auckland District Law Society Inc.

TPPA – LawNews

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ISDS – What it means in practice

The arbitral award in the case of von Pezold v Republic of Zimbabwe, issued in July 2015, has recently been released online.

The case provides an interesting example of how investor state dispute settlement (ISDS) works in practice – it also gives an interesting perspective into ISDS at a time when the debate over the TPPA seems to be dominated by more heat than balance.

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