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Legal Topics
Explore the legal issues, doctrines and procedural questions addressed across international dispute settlement.
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Jurisdiction, Admissibility & Procedure
Jurisdiction & Competence
Competence-CompetenceConsent to JurisdictionCounterclaimsJurisdiction Ratione LociJurisdiction Ratione MateriaeJurisdiction Ratione PersonaeJurisdiction Ratione TemporisJurisdiction over RemediesScope of JurisdictionSovereign Immunity from JurisdictionStanding and Legal Interest
Admissibility & Preconditions
Abuse of ProcessAbuse of RightsConsultations / Negotiation and Cooling-Off PeriodsExhaustion of Local RemediesFork in the Road and Election of RemediesGood Faith / Estoppel and AcquiescenceJurisdiction and AdmissibilityLimitation PeriodsMootnessNecessary Third PartiesNotice RequirementsRipeness and PrematurityWaiverClean Hands Doctrine
Parallel Proceedings & Preclusion
Effect of Prior DecisionsForum ShoppingInteraction with Domestic ProceedingsLis PendensOverlapping JurisdictionParallel ProceedingsRes Judicata
Preliminary Proceedings & Case Organization
Applicable Rules Versions and Transitional ProvisionsBifurcation and Procedural SequencingConsolidationDefault and Non-ParticipationJoinder and Multiparty ProceedingsPreliminary ObjectionsSummary Dismissal and Early DeterminationSuspension and Stay of ProceedingsWithdrawal and Discontinuance
Provisional & Protective Measures
Non-Aggravation of the DisputePreservation of EvidencePreservation of RightsProvisional and Interim MeasuresEmergency Arbitrator ProceedingsSecurity for CostsUrgency / Necessity and Irreparable Prejudice
Evidence & Fact-Finding
Admissibility of EvidenceBurden of ProofDocument Production and DisclosureEvaluation and Weight of EvidenceExamination and Cross-ExaminationExpert EvidenceExperts Appointed by the Court / Tribunal / PanelFact Witness EvidencePresumptions and Adverse InferencesPrivilege and Protected InformationStandard of Proof
Third-Party Participation
Third-Party ParticipationAccess to the RecordAmicus Curiae ParticipationInterventionNon-Disputing Party SubmissionsNon-Disputing Treaty-Party SubmissionsThird-Party Rights
Due Process, Transparency & Case Management
Challenges to AdjudicatorsConfidentiality and Protected InformationConflicts of InterestCosts and Allocation of CostsDue Process and Procedural FairnessEquality of ArmsIndependence and Impartiality of AdjudicatorsJudicial EconomyParty Representation and Counsel ConductProcedural Timetables and Time LimitsRight to Be HeardThird-Party FundingTransparency and Public AccessTribunal Secretaries and DelegationTruncated Tribunals and Arbitrator Resignation
Decisions & Post-Decision Proceedings
Compliance and ImplementationDuty to Give ReasonsFinality and Binding EffectInterestRecognition and EnforcementReview of DecisionsAnnulment and Set-AsideAppeal and Other ReviewCorrection and SupplementationInterpretation of DecisionsRevision of Decisions
Investor-State
Attribution to the StateBinding Joint Interpretations by Treaty PartiesClimate Change and Renewable EnergyCompensation for Losses — War and Civil Strife ClausesDamages and ValuationTaxation of Awards and Tax Gross-UpDenial of BenefitsDenial of JusticeDiplomatic Protection and State-to-State Investment ClaimsExpropriation — Direct and IndirectFair and Equitable TreatmentFinancial Services and Prudential Carve-OutsFree Transfer of Funds and Capital ControlsFull Protection and SecurityIllegality and CorruptionIntra-EU ObjectionsInvestment Court System and Appellate MechanismsInvestment Screening and Exclusions from Dispute SettlementInvestor Obligations and Corporate Social ResponsibilityLegitimate ExpectationsMost-Favoured-Nation Treatment (Investment)National Treatment (Investment)Necessity and Emergency MeasuresPerformance RequirementsProvisional Application of TreatiesRight to Regulate and Police PowersShareholder and Minority ClaimsStabilisation ClausesSubrogation and Insurance ReceiptsSuccessive and Overlapping TreatiesSunset and Survival ClausesTaxation Measures and Tax Carve-OutsTreaty Claims v. Contract ClaimsTreaty InterpretationTreaty Termination / Withdrawal / ModernisationUmbrella ClauseICSID AnnulmentNon-ICSID Set-AsideDomestic Investment Laws and Consent by LegislationDefinition of InvestmentDefinition of Investor and NationalityICSID Recognition and EnforcementMinimum Standard of TreatmentArbitrary / Unreasonable or Discriminatory MeasuresProportionality
Trade
Anti-DumpingBalance-of-Payments MeasuresClimate and Carbon Border MeasuresCustoms ValuationDigital Trade and E-CommerceExport Restrictions and Critical Raw MaterialsFTA Dispute Settlement Mechanisms and Panel CompositionGeneral ExceptionsGovernment ProcurementInjury and Causation in Trade RemediesLabour and Environment Chapters in Trade AgreementsMost-Favoured-Nation Treatment (Trade)National Treatment (Trade)Likeness of ProductsNon-Violation ClaimsQuantitative RestrictionsRegional Trade Agreements and Customs UnionsRules of OriginSPS MeasuresSafeguardsSanctions and Extraterritorial MeasuresSecurity ExceptionSpecial and Differential TreatmentStandard of ReviewState Trading Enterprises and State-Owned EnterprisesSubsidies and Countervailing MeasuresSunset Reviews and UndertakingsTRIPS and Intellectual PropertyTariff Classification and SchedulesTechnical Barriers to Trade (TBT)Trade in Services (GATS)Transparency and PublicationAppeals into the Void and MPIA ReviewWTO Appellate ReviewCompliance and Reasonable Period of TimeSuspension of ConcessionsChoice of Forum and Overlapping JurisdictionsWTO Third-Party RightsSpecificity of Panel RequestsNullification or ImpairmentAccession Protocol Obligations
Commercial Arbitration
Anti-Suit InjunctionsArbitrabilityCorruption and Money-Laundering AllegationsExpedited ProceduresGoverning Law of the ContractLaw of the Arbitration AgreementLimitation of Liability of Arbitrators and InstitutionsPublic PolicySanctions Compliance and ArbitrabilityScrutiny of Awards by InstitutionsSeparability of the Arbitration ClauseSettlement and Consent AwardsStates / State Entities and Non-SignatoriesTerms of Reference and Procedural TimetableNew York Convention Recognition and EnforcementSovereign Immunity from ExecutionSeat of Arbitration and Lex ArbitriValidity and Scope of the Arbitration AgreementForce Majeure and Changed CircumstancesUnjust EnrichmentSpecific Performance and Non-Pecuniary Remedies
Inter-State & Public International Law
Advisory Jurisdiction and Judicial ProprietyAerial Incidents and AirspaceAppeals from Decisions of International OrganisationsAviation and AirspaceBaselines and the Territorial SeaBoundary Rivers and Land BoundariesClimate Change Obligations of StatesConsular Notification and AccessContinental Shelf beyond 200 Nautical MilesCountermeasures between StatesCultural Heritage and Restitution between StatesDiplomatic Protection of Nationals and CorporationsDiplomatic and Consular ImmunitiesExistence of a DisputeFisheries and Marine Living ResourcesFreedom of Navigation and OverflightGenocide Convention ObligationsHuman Rights Treaties between StatesIslands and Maritime FeaturesLandlocked States and Access to the SeaLaw of Occupation and Humanitarian LawMarine Environment and Due DiligenceMaritime Delimitation — EEZ and Continental ShelfNon-Intervention and SovereigntyNuclear Disarmament ObligationsNuclear Weapons and DisarmamentObligation to NegotiatePrompt Release of Vessels and CrewsRacial Discrimination Convention ObligationsReparation and Compensation between StatesReparation — Quantification and Equitable Global SumsSanctions and Countermeasures between StatesSatisfaction and Assurances of Non-RepetitionSelf-Determination and DecolonisationMandates and TrusteeshipShared WatercoursesState SuccessionStatehood and Declarations of IndependenceTermination and Suspension of TreatiesTerritorial Sovereignty and TitleMaps and Cartographic EvidenceTorture Convention and Aut Dedere Aut JudicareTransboundary Harm and Environmental Impact AssessmentTreaties of Amity and Commerce before the ICJUse of Force and Self-DefenceUti Possidetis Juris and EffectivitésCompliance with ICJ JudgmentsCompromissory Clauses and Negotiation PreconditionsJurisdiction under Optional-Clause DeclarationsReservations to Declarations and ReciprocitySpecial Agreements and Forum ProrogatumCounter-Claims in Inter-State ProceedingsInterpretation of ICJ JudgmentsICJ InterventionITLOS InterventionIndispensable Third Parties — Monetary GoldProvisional Measures — Binding Force and ComplianceRevision of ICJ JudgmentsImmunity of State Property and Central Bank AssetsStanding and Erga Omnes Partes ObligationsProvisional Measures — Plausibility and UrgencyUNCLOS Compulsory Procedures and Optional ExceptionsFlag State Jurisdiction and Nationality of VesselsHot Pursuit and Enforcement at SeaDeep Seabed Mining and Sponsoring State ObligationsCircumstances Precluding WrongfulnessDiplomatic AsylumRight of Passage over Foreign TerritoryFormation of Customary International LawUnilateral Acts of StatesReservations to TreatiesImmunity of State OfficialsPeremptory Norms (Jus Cogens)Obligations Erga Omnes and Non-RecognitionPrivileges and Immunities of International OrganisationsInternational Labour ConventionsCounter-Terrorism ConventionsValidity and Nullity of Inter-State Arbitral Awards
Mixed Claims
Claims Commissions and Mass Inter-State ClaimsNationality of ClaimsDual Nationality and Dominant and Effective NationalityExclusive Forum Selection ClausesLetters of Credit and GuaranteesSecurity Account and Payment of AwardsSmall Claims and Government-Presented ClaimsExpulsion and Treatment of Aliens
More topics are added as the record grows.