The Apotex v USA tribunal decisions regarding Sertraline and Pravastatin ANDAs have attracted scant indepth analysis, as to their ultimate effect on the treatment of intangible asset categories in investment arbitration. The Tribunal's decision in the final Apotex Inc. claim (2012) employed res...

Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an...

With support from the executive branch, Congress, and the courts, arbitration has become an increasingly popular method of international dispute resolution. While agreements to arbitrate traditionally were frowned upon, particularly when the dispute involved certain “public law” or...

The English version of this paper can be found at http://ssrn.com/abstract=1947539 This Article was written by the author in English and was translated for publication in Portuguese. The Article offers a view, from a U.S. perspective but for a non-U.S. readership, on the significant aspects of...

The Portuguese version of this paper can be found at http://ssrn.com/abstract=1947554 This Article offers a view, from a U.S. perspective but for a non-U.S. readership, on the significant aspects of planning for dispute resolution in the context of cross-border business transactions involving...