War Series

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War Series: How a U.S. Civil War Naval Doctrine Shapes Modern High Tech Supply Chain Arbitration

In 1863, during the height of the American Civil War, the British barque Springbok was intercepted by the USS Sonoma while sailing toward Nassau, a port in the neutral British Bahamas. The vessel’s manifest listed a cargo of textiles, boots, and saltpeter, goods that were commercially standard and bound for a neutral jurisdiction. Under the […]

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War Series: The 1930 Lena Goldfields Precedent and the New Geopolitics of Critical Minerals

War Series: The 1930 Lena Goldfields Precedent and the New Geopolitics of Critical Minerals

The contemporary international order is changing. As the era of globalization yields to a multipolar landscape defined by strategic competition, the control of critical mineral supply chains has emerged as a primary vector of state power. This intensifying struggle, essential for defense capabilities, the energy transition, and technological supremacy, is triggering a sophisticated wave of

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War Series: Arbitration Enforcement Amidst Sovereign Capital Controls

War Series: Arbitration Enforcement Amidst Sovereign Capital Controls

In the framework of international dispute resolution, the enforcement of arbitral awards often intersects with the sovereign economic policies of the states involved. A particularly complex issue arises when a party seeks to satisfy a monetary award within a jurisdiction where stringent capital controls are in effect, rendering the transfer of funds across borders difficult

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War Series: When Does Port Congestion Become ‘Restraint of Princes'? Lessons from Sanko Steamship v. Navios 1982 Arbitration

War Series: When Does Port Congestion Become ‘Restraint of Princes’? Lessons from Sanko Steamship v. Navios 1982 Arbitration

Throughout history, maritime commerce has been as prone to the vagaries of war, political upheaval, and governmental interference as any endeavor that crosses national boundaries. For businesses operating in modern conflict zones, an enduring legal concept known as the “Restraint of Princes” doctrine highlights how governmental action can—or cannot—absolve parties from contractual liability. This article

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War Series: Trump's Tariffs and How US Businesses Can Challenge Foreign Retaliatory Tariffs Under Bilateral Investment Treaties

War Series: Trump’s Tariffs and How US Businesses Can Challenge Foreign Retaliatory Tariffs Under Bilateral Investment Treaties

In Light of the April 2, 2025, Executive Order on Reciprocal Tariffs On April 2, 2025, President Trump signed the Executive Order titled “Presidential Action: Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits.” This order targets countries deemed to be engaging

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War Series: Recent Submarine Cable Attacks

War Series: Recent Submarine Cable Attacks, the 1923 Cuba Submarine Arbitration, and Business Considerations

  The global digital infrastructure relies heavily on a vast network of submarine cables, which carry approximately 95% of international data traffic. These undersea cables are the lifelines of modern communications, finance, and commerce. However, escalating geopolitical tensions in regions such as the Red Sea, the Hormuz Strait, and the larger Indo-Pacific have exposed these

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War Series: Investment Protection Treaties in War for Investors in the Middle East (G�R?? v. Syria)

War Series: Investment Protection Treaties in War for Investors in the Middle East (GÜRİŞ v. Syria)

  The recent arbitration award in the case of GÜRİŞ and others v. Syria (ICC, Final Award, 31 August 2020) offers a timely reminder of the complexities businesses face when operating in conflict zones. As tensions rise in parts of the Middle East, understanding the obligations of host states under investment treaties becomes ever more

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War Series: Sports (Basketball) Contracts and War as Force Majeure in Arbitration

War Series: Sports (Basketball) Contracts and War as Force Majeure in Arbitration

  The case Jarrell Isaiah Brantley v. Basketball Club Unics (BAT 1813/22) was an international sports arbitration introduced on April 19, 2022 and has since been concluded. The dispute was adjudicated under the Basketball Arbitral Tribunal (BAT), using the BAT Arbitration Rules 2022, with the seat of arbitration in Geneva. The claimant, Jarrell Isaiah Brantley,

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War Series: Defining 'War' in Arbitration Awards and NATO Operations (Kosovo)

War Series: Defining ‘War’ in Arbitration Awards and NATO Operations (Kosovo)

  The arbitration award referenced in the UK Court of Appeal judgment [2002] EWCA 1878 delves deeply into the meaning of ‘war’ as interpreted by arbitration tribunals and its implications for contractual obligations. This award, rendered by a distinguished panel of arbitrators, underscores the nuanced approach that arbitration tribunals take in defining what constitutes a

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War Series: Civil War and Force Majeure in Global Construction

War Series: Civil War and Force Majeure in Global Construction

  The arbitration between Ermir İnşaat Sanayi ve Ticaret A.Ş. and Biwater Construction Ltd., adjudicated by a sole arbitrator under the ICC Arbitration Rules, offers several critical lessons for construction companies operating in regions vulnerable to civil unrest. This case, which revolved around a construction project in Libya that was interrupted by the First Libyan

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