Leon Trakman

University of New South Wales (UNSW) - Faculty of Law

Kensington, New South Wales 2052

Australia

SCHOLARLY PAPERS

48

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38

Scholarly Papers (48)

1.

'Legal Traditions' and International Commercial Arbitration

American Review of International Arbitration, Spring 2007, UNSW Law Research Paper No. 2007-29
Number of pages: 35 Posted: 18 May 2007
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 2,248 (5,858)

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Arbitration, common law, civil law, legal tradition, legal culture, international commercial arbitration

2.

The Impartiality and Independence of Arbitrators Reconsidered

UNSW Law Research Paper No. 2007-25, International Arbitration Law Review, Sweet & Maxwell, Vol. 10, Int.ALR, p. 999, 2007
Number of pages: 20 Posted: 18 Apr 2007
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 1,151 (17,396)

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Arbitration, international commercial arbitration, conflict of interest

3.

The Boundaries of Contract Law in Cyberspace

Revue de droit des Affaires Internationales (RDAI) / International Business Law Journal / (IBLJ), No. 2, 2009, UNSW Law Research Paper No. 2009-13
Number of pages: 39 Posted: 06 Jun 2009
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 521 (52,211)

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Consumer Protection Law, Contracts

4.

China and Investor-State Arbitration

UNSW Law Research Paper No. 2012-48
Number of pages: 48 Posted: 06 Oct 2012 Last Revised: 03 Dec 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 481 (57,793)

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5.

Ex Aequo Et Bono: De-Mystifying an Ancient Concept

UNSW Law Research Paper No. 2007-39, Chicago Journal of International Law, Winter 2008
Number of pages: 21 Posted: 14 Jun 2007
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 451 (62,590)

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adjudication, international law, arbitration, international commercial arbitration, treaties, International Court of Justice, investment, equity

6.

Modelling University Governance

Higher Education Quarterly, Vol. 62, Nos. 1 & 2, pp 63-83, January/April 2008, UNSW Law Research Paper No. 2008-19
Number of pages: 21 Posted: 25 Apr 2009
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 416 (68,952)

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Legal Education

The Fundamental Importance of Foreign Direct Investment to Australia in the 21st Century: Reforming Treaty and Dispute Resolution Practice

Australian Centre for International Commercial Arbitration (ACICA) Review, Vol. 2, No. 2, pp. 22-35, 2014, Sydney Law School Research Paper No. 13/90
Number of pages: 17 Posted: 02 Dec 2013 Last Revised: 12 Jan 2015
Australian National University (ANU) - Crawford School of Public Policy, University of Melbourne - Law School, The University of Sydney Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 294 (101,832)

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investment, FDI, free trade agreements, international law, arbitration, dispute resolution, comparative law, Asian law, political economy, econometrics

The Fundamental Importance of Foreign Direct Investment to Australia in the 21st Century: Reforming Treaty and Dispute Resolution Practice

(December 2014) ACICA Review, Vol 2, No 2, ISSN: 1837 8994, UNSW Law Research Paper No. 2015-46
Number of pages: 17 Posted: 17 Sep 2015
Australian National University (ANU) - Crawford School of Public Policy, University of Melbourne - Law School, The University of Sydney Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 105 (256,429)

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investor-state dispute settlement, foreign direct investment, international investment law, Australia, Asia, stakeholder surveys, interviews

8.

Foreign Direct Investment: Hazard or Opportunity?

George Washington International Law Review, Vol. 41, p. 1, 2009, UNSW Law Research Paper No. 2010-32
Number of pages: 66 Posted: 22 Aug 2010
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 334 (89,015)

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International Investment Law, International Trade Law

9.

Investor State Arbitration or Local Courts: Will Australia Set a New Trend?

Journal of World Trade, Vol. 46, No. 1, pp. 83-120, 2012, UNSW Law Research Paper No. 2012-1
Number of pages: 39 Posted: 07 Feb 2012 Last Revised: 19 Mar 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 304 (99,031)

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10.

Foreign Direct Investment: An Australian Perspective

UNSW Law Research Paper No. 2010-4, International Trade and Business Law Review, Vol. XIII, 2010
Number of pages: 55 Posted: 24 Jan 2010
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 289 (104,309)

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International Law, International Trade, Trade Regulation

11.

The Binding Force of Agreements to Negotiate in Good Faith

The Cambridge Law Journal, November 2014, Vol 73(3), pp 598-628, UNSW Law Research Paper No. 2015-04
Number of pages: 32 Posted: 02 Feb 2015
Leon Trakman and Kunal Sharma
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 288 (104,707)

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Contract, certainty of terms, agreement to agree, good faith

12.

Foreign Direct Investment: A Historical Perspective

Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013), UNSW Law Research Paper No. 2016-11
Number of pages: 14 Posted: 15 Mar 2016
Leon Trakman and Nicola Ranieri
University of New South Wales (UNSW) - Faculty of Law and Independent
Downloads 270 (112,098)

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foreign direct investment, regulation, treaty law, evolution, development

13.

The ICSID Under Siege

Cornell International Law Journal, Vol. 45, No. 3, 2012, UNSW Law Research Paper No. 2012-6
Number of pages: 55 Posted: 16 Feb 2012 Last Revised: 07 Jun 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 261 (116,142)

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14.

Adhesion Contracts and the Twenty First Century Consumer

UNSW Law Research Paper No. 2007-67
Number of pages: 86 Posted: 23 Mar 2009
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 257 (118,003)

Abstract:

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Contracts

15.

The Proliferation of Free Trade Agreements: Bane or Beauty?

Journal of World Trade, Vol. 42, 2008, UNSW Law Research Paper No. 2007-54
Number of pages: 24 Posted: 13 Mar 2009
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 230 (132,009)

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bilateral trade agreements

16.
Downloads 225 (134,913)
Citation 1

China and Foreign Direct Investment: Looking Ahead

UNSW Law Research Paper No. 2013-24
Number of pages: 54 Posted: 04 Apr 2013
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 171 (173,955)

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China and Foreign Direct Investment: Looking Ahead

In Wenhua Shan and Qiao Liu, China and International Dispute Resolution (Brill, 2016), UNSW Law Research Paper No. 18-14
Number of pages: 67 Posted: 23 Feb 2018
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 54 (378,977)

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foreign direct investment, World Bank Report, New Global Economy, BIT, FTA, China, bilateral investment agreements

17.

The Twenty-First Century Law Merchant

American Business Law Journal, Vol. 48, No. 4, 2011, UNSW Law Research Paper No. 2011-32
Number of pages: 47 Posted: 31 Aug 2011 Last Revised: 07 Feb 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 223 (136,066)

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18.

The Status of Investor–State Arbitration: Resolving Investment Disputes Under the Transpacific Partnership Agreement

Journal of World Trade, Vol 48, Issue 1 (2014), pp.1-29. , UNSW Law Research Paper No. 2014-06
Number of pages: 29 Posted: 26 Feb 2014
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 205 (147,396)

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19.

The Right to be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore)

(2019) 1 European Human Rights Law Review 23, UNSW Law Research Paper No. 19-2
Number of pages: 16 Posted: 23 Jan 2019
University of Western Australia - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Victoria University and Padjadjaran University - Faculty of Law
Downloads 196 (154,499)

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Right to Be Forgotten, Right to Erasure, EU, GDPR, Australia, Common Law, Singapore, Indonesia, Japan, Data Protection, Privacy South East Asia, Pacific

20.

Pluralism in Contract Law

Buffalo Law Review, Vol. 58, No. 1, p. 1031, December 2010, University of New South Wales Law Research Paper No. 2009-28
Number of pages: 63 Posted: 16 Aug 2009 Last Revised: 18 Dec 2011
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 179 (166,956)

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Contracts, monist theories of contracting

Bilateral Trade and Investment Agreements

Transnational Dispute Management, Forthcoming, UNSW Law Research Paper No. 2011-33
Number of pages: 28 Posted: 31 Aug 2011 Last Revised: 07 Feb 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 127 (222,764)

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Bilateral Trade and Investment Agreements

Trackman and Ranieri (eds) Regionalism in International Investment Law, Oxford University Press (2013), UNSW Law Research Paper No. 2016-13
Number of pages: 30 Posted: 15 Mar 2016
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 45 (410,960)

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bilateral trade and investment agreements, state action, bilateralism, multilateral trade

22.

Resolving Investor-State Disputes Under a Transpacific Partnership Agreement - What Lies Ahead?

Transnational Dispute Management (2012), Forthcoming, UNSW Law Research Paper No. 2012-46
Number of pages: 62 Posted: 29 Sep 2012 Last Revised: 07 Nov 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 160 (184,045)

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23.

Investor-State Arbitration: Evaluating Australia's Evolving Position

the Journal of World Investment & Trade 15 (2014), 152-192, UNSW Law Research Paper No. 2014-05
Number of pages: 41 Posted: 26 Feb 2014
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 149 (195,356)

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Investment treaties, arbitration, litigation, ICSID, Transpacific Partnership Agreement, Australia, China

24.

Indonesia's Termination of the Netherlands – Indonesia BIT: Broader Implications in the Asia-Pacific?

Kluwer Arbitration Blog (2015), UNSW Law Research Paper No. 2015-49
Number of pages: 2 Posted: 17 Sep 2015
Leon Trakman and Kunal Sharma
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 131 (216,813)
Citation 2

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investor state dispute settlement, Indonesia, Australia, Netherlands, Churchill Mining PLC, Planet Mining Pty Ltd v Republic of Indonesia, BIT

25.

A Plural Account of the Transnational Law Merchant

(2011) 2(3) Transnational Legal Theory 309–345, UNSW Law Research Paper No. 2012-19
Number of pages: 38 Posted: 26 May 2012
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 118 (234,635)

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26.

Domicile of Choice in English Law: An Achilles Heel?

Journal of Private International Law (2015) Vol 11, No 2, pp1-27, UNSW Law Research Paper No. 2015-60
Number of pages: 29 Posted: 18 Sep 2015
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 117 (236,062)

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domicile of origin, domicile of choice, habitual residence, residency test, permanent home, English Law, Law Commission, EU Succession Regulation, EU Maintenance Regulation, Brussels II Regulation

27.

The ICSID and Investor State Arbitration

Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013), UNSW Law Research Paper No. 2016-20
Number of pages: 62 Posted: 31 Mar 2016
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 113 (242,021)

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ICSID, Investors, Institutional Mechanisms, arbitration, domestic courts, dispute resolution, foreign investors, transparency

28.

BITs and Pieces: Regional Developments in Investor-State Dispute Settlement

APEC Currents (2014) December, UNSW Law Research Paper No. 2015-2
Number of pages: 4 Posted: 13 Jan 2015
Leon Trakman and Kunal Sharma
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 106 (253,231)

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Asia Pacific, ISDS, BIT, trade, investment

29.

Deciding Investor States Disputes: Australia's Distinctive Approach

15(1) Journal of World Investment and Trade (2014), UNSW Law Research Paper No. 2013-64
Number of pages: 48 Posted: 28 Sep 2013 Last Revised: 09 Nov 2013
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 105 (254,924)

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30.

Personal Data Law and Competition Law – Where is it Heading?

Forthcoming (2018) 39 European Competition Law Review, UNSW Law Research Paper No. 18-73
Number of pages: 20 Posted: 31 Oct 2018 Last Revised: 05 Nov 2018
Robert Walters, Bruno Zeller and Leon Trakman
Victoria University, University of Western Australia - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 101 (261,784)

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personal data, unfair advantage, data protection law, competition regulators, anticompetitive practices, anticompetitive behaviour, consumer protection

31.

The ‘Judicialization’ of International Commercial Arbitration: Pitfall or Virtue?

(2017) 30 Leiden Journal of International Law 405, UNSW Law Research Paper No. 17-65
Number of pages: 35 Posted: 12 Oct 2017
Leon Trakman and Hugh Montgomery
University of New South Wales (UNSW) - Faculty of Law and University College London
Downloads 88 (286,096)
Citation 1

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Australia; best practice; dispute resolution; international commercial arbitration; judicialization

32.

Instituting Investment Claims Under the Trans-Pacific Partnership Agreement

in Wenhua Shan (ed), China and International Investment Law (2014), Chapter 12, pp 108-214, UNSW Law Research Paper No. 2014-52
Number of pages: 37 Posted: 23 Dec 2014 Last Revised: 13 Nov 2015
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 72 (322,275)

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TPPA, trans-pacific partnership, P4, ISA, investment chapter, investor-state arbitration

33.

Resolving Investor-State Disputes: Australia's Dilemma and Choices

In Nye Perram, International Commercial Law and Arbitration: Perspectives, Chapter 1 (Ross Parsons Centre of Commercial, Corporate and Taxation Law, 2014), UNSW Law Research Paper No. 2014-62
Number of pages: 20 Posted: 24 Dec 2014
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 69 (329,946)

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Australian Trade Policy Statement, BRTAs, FDI, TPPA, ISA

34.

The Reform of Commercial Arbitration in Australia: Recent and Prospective Developments

In A Rayes and G Wexia (eds), The Developing World of Arbitration, (Hart, 2018) ch 12, UNSW Law Research Paper No. 18-17
Number of pages: 29 Posted: 26 Feb 2018
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 56 (366,744)

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Australia, Asia-pacific, International commercial arbitration, ICA, Australian Centre of International Commercial Arbitration, ACICA, Commercial Arbitration Acts, nternational Arbitration Act 1974 (Cth), UNCITRAL

35.

Public Responsibilities Beyond Consent: Rethinking Contract Theory

Hofstra Law Review, Vol. 45, No. 217, 2016, UNSW Law Research Paper No. 5
Number of pages: 47 Posted: 20 Feb 2017
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 52 (350,675)

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regulation of contracts, American law, public responsibilities, imperfect obligations, public harm, exchange of contractual promises

36.

Australia's Rejection of Investor-State Arbitration: A Sign of Global Change

Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013), UNSW Law Research Paper No. 2016-24
Number of pages: 31 Posted: 21 Apr 2016
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 51 (382,715)

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Investor State Arbitration, ISA, Australia, BITs, FTAs, policy, trade, APC

37.

Domestic Courts Declining to Recognize and Enforce Foreign Arbitral Awards: A Comparative Reflection

Fothcoming (2018) Chinese Journal of international law, UNSW Law Research Paper No. 18-71
Number of pages: 70 Posted: 05 Oct 2018
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 46 (399,858)

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international arbitration awards, New York Convention, China, New York, public policy grounds, Foreign Arbitral Awards

38.

Geopolitics, China, and Investor-Stale Arbitration

In C B Picker, L Toohey and J Greenacre (eds), China in the International Economic Order (Cambridge, 2015) ch 16, UNSW Law Research Paper No. 18-15
Number of pages: 14 Posted: 26 Feb 2018
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 44 (406,953)

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China, International Center for the Settlement of lnvestment Disputes (ICSIDI), Bilateral Investment Treaties, BIT, foreign direct investment, outbound investment, inbound investment, Investor-state Arbitration

39.

Locating Australia on the Pacific Rim: Trade, Investment and the Asian Century

TDM (January 2015) "The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century", 12(1), ISSN: 1875-4120, UNSW Law Research Paper No. 2015-50
Number of pages: 21 Posted: 17 Sep 2015
Leon Trakman and Kunal Sharma
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 43 (410,664)

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investor-state disupte settlement, Pacific Rim, Australia, foreign investors, Productivity Commission, Federal Direct Investment, TPPA, BIT

40.

Foreign Direct Investment: An Overview

In Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013) , UNSW Law Research Paper No. 2016-03
Number of pages: 14 Posted: 18 Jan 2016
Leon Trakman and Nicola Ranieri
University of New South Wales (UNSW) - Faculty of Law and Independent
Downloads 39 (425,919)

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foreign direct investment, regulation, overview

41.

Jumping Back and Forth between Domestic Courts and ISDS: Mixed Signals from the Asia-Pacific Region

In S Hindelang and M Krajewski (eds), Shifting Paradigms in International Investment Law (Oxford, 2016) ch 13, UNSW Law Research Paper No. 18-16
Number of pages: 46 Posted: 07 Mar 2018
Leon Trakman and Kunal Sharma
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 35 (442,336)

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International investment Law, investor–State dispute settlement, ISDS, bilateral investment treaties, BIT, United Nations Conference on Trade and Development, UNCTAD, Trade Policy Statement, Australia, Asia-Pacific, China–Australia Free Trade Agreement, ChAFTA

42.

The Repudiation of Investor–State Arbitration and Subsequent Treaty Practice: The Resurgence of Qualified Investor–State Arbitration

(2016) 31(1) ICSID Review 194, UNSW Law Research Paper No. 17-64
Number of pages: 25 Posted: 12 Oct 2017
Leon Trakman and David Musayelyan
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 32 (455,282)

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investor–State arbitration, ISA, International Centre for Settlement of Investment Disputes, ICSID, treaty obligations, bilateral investment treaties, BITs

43.

Caveat Investor - Where Do Things Stand Now?

In C L Lim, Alternative Visions of The International Law on Foreign Investment (Cambridge, 2016) Ch 3, UNSW Law Research Paper No. 18-13
Number of pages: 23 Posted: 22 Feb 2018
Leon Trakman and D. Musaleyan
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 28 (474,486)

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investor-state arbitration, ISA, investor protections, investor law, investment treaties

44.

Aligning State Sovereignty with Transnational Public Policy

(2018) 93(2) Tulane Law Review 207, UNSW Law Research Paper No. 18-89
Number of pages: 62 Posted: 14 Dec 2018 Last Revised: 24 Jan 2019
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 23 (501,442)

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transnational public policy, arbitration awards, United States, Russia, domestic judges, domestic public policy

45.

Australia: The Reform of Commercial Arbitration in Australia: Recent and Prospective Developments

In Anselmo Reyes, Weixia Gu (eds), The Developing World of Arbitration A Comparative Study of Arbitration Reform in the Asia Pacific (Hart Publishing, 2018), UNSW Law Research Paper No. 18-70
Number of pages: 28 Posted: 03 Oct 2018
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 23 (501,442)

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International commercial arbitration, ICA, Australia, Recognition and Enforcement of Foreign Arbitration Awards, ICSID Convention, UNCITRAL

46.

Mediation and Arbitration: The Process of Enforcement

(2019) Uniform Law Review 1, UNSW Law Research Paper No. 19-43
Number of pages: 19 Posted: 28 Jun 2019
Bruno Zeller and Leon Trakman
University of Western Australia - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 19 (524,746)

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mediation, mediated agreement, enforcement jurisdiction, Singapore Mediation Convention, SMC

47.

Public Responsibilities for Electoral Fraud Beyond Correlative Rights and Duties

(2015) 31(81) Utrecht Journal of International and European Law 17, UNSW Law Research Paper No. 2015-57
Number of pages: 16 Posted: 18 Sep 2015
Leon Trakman
University of New South Wales (UNSW) - Faculty of Law
Downloads 19 (524,746)

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electoral fraud, electoral freedom, fraud, juristic rights, public responsibility, participatory democracy, US, Supreme Court, US v Texas

48.

The Fragmented Approach Toward Close‑Out Netting Provisions in Australia, Indonesia, Malaysia and Singapore Compared

(2019) Journal of Banking Regulation 11 July, UNSW Law Research Paper No. 19-55
Number of pages: 18 Posted: 08 Aug 2019
Robert Walters and Leon Trakman
Victoria University and University of New South Wales (UNSW) - Faculty of Law
Downloads 2 (635,688)

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close-out netting provisions, Australia, Inodnesia, Malaysia, Singapore