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Issue 2

A Message from the Editors-in-Chief

Welcome to the latest issue of ITA in Review!

We are thrilled to present Volume 5, Issue 2 of ITA in Review, the Institute for Transnational Arbitration’s premier journal.  This issue is filled with an array of groundbreaking research, insightful perspectives, and thought-provoking articles.  It embodies our commitment to fostering the intellectual exchange of international dispute resolution and disseminating the wide variety of work and activities carried out by the ITA community.

This issue contains a diverse range of topics and contributions from leading scholars, researchers, and experts from around the world, including the Winner and the Finalist of the Young ITA writing competition “New Voices in International Arbitration.” Our dedicated editorial team has curated a selection of articles that not only exemplifies the highest standards of academic rigor but also addresses some of the most pressing issues in our field.

Highlights from this issue include:

  1. NAFTA and the USMCA: The Substantial Differences: Judge Bernardo Sepulveda Amor
  2. Gathering Cross-Border Evidence in Support of Arbitration after ZF Automotive: Michael Arada Greenop and Augusto García Sanjur (Winner of the “New Voices in International Arbitration” competition)
  3. The New York Convention on the Enforcement of Decentralized Justice Systems’ Decisions: a Perspective from the Evolutionary Interpretation of Treaties: David Molina Coello (Finalist “New Voices in International Arbitration” competition)
  4. Interview with Alan Crain by Prof. Catherine Rogers
  5. Interview with Judge Charles N. Brower by Rafael T Boza on the occasion of the 40th anniversary of the Iran-US Claims Tribunal

As we navigate the ever-evolving landscape of international dispute resolution, we encourage you to engage with the content in this issue, spark discussions, and consider the implications of these research findings. Your active participation is essential in furthering the dialogue and progress in our field.

We extend our gratitude to the authors for their invaluable contributions and to our diligent reviewers for their rigorous evaluation.  Without their dedication, this publication would not be possible.

We welcome submissions for future issues and invite you to explore our submission guidelines at https://www.itainreview.org/submit-an-article.html.

Thank you for your continued support and readership. We hope you find this issue of ITA in Review both informative and inspiring.

Warm regards,

Chip & Rafael

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About the Contributors
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Co-Editor-in-Chief

Rafael T. Boza is Special Counsel in the International Arbitration Group of Pillsbury Winthrop Shaw and Pittman LLP.  Rafael focuses his practice on all aspects of international arbitration and dispute resolution. He also practices in transactions and corporate matters.

Rafael provides his clients with both early identification and mitigation of business risks and a successful plan of action should a dispute occur.  Since the beginning of his career, Rafael has been involved in the arbitration field as arbitrator, counsel, and publisher.  As arbitrator Rafael joined the Arbitration Center of the Lima Chamber of Commerce in 2003 and AMCHAM Peru soon thereafter.  He has conducted several ad hoc and administered arbitrations.  As counsel he has represented several clients in arbitrations.  As publisher, he has been involved with the Institute for Transnational Arbitration since 2009, where he was editor of the World Arbitration and Mediation Review—WAMR, and now is Co-Editor in Chief of ITA in Review.  As a former “mootie,” Rafael was also editor of the Vindobona Journal of International Commercial Law and Arbitration.

Rafael attended the Universidad de Lima in Peru where he received his Bachelor in Law in Political Science and Law Degree.  He then obtained an LLM from the Katholieke Universiteit Leuven in Belgium and a JD from South Texas College of Law in Houston.

Prior to joining Pillsbury, Rafael served as in-house counsel in the international crane and engineered transportation services sector.  In addition to day-to-day legal operations, litigations and arbitrations, Rafael oversaw transactions, compliance, intellectual property, and employment matters, and negotiated insurance claims.  Rafael has worked in Peru, Chile, and the US as counsel for banks, governmental entities, and large corporations and has extensive experience in Latin America, including in Mexico, Colombia, Ecuador, Brazil, Peru, and Venezuela.

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Co-Editor-in-Chief

Charles (“Chip”) Rosenberg is a partner in the International Dispute Resolution practice at Squire Patton Boggs. He is a specialist in public international law and international arbitration, focusing on both investment treaty arbitration and international commercial arbitration. He also specializes in US and international enforcement of court judgments and arbitral awards.

Chip has created and taught seminars on investment treaty arbitration, international commercial arbitration, and international investment law at the American University Washington College of Law in Washington DC and The Hague University of Applied Sciences in The Hague, Netherlands. Prior to joining the firm, Chip spent two years clerking for The Honorable Charles N. Brower, who was ranked the “world’s busiest arbitrator” by The American Lawyer in terms of large investment treaty and international commercial arbitrations, in London, and at the Iran-US Claims Tribunal in The Hague. As a law clerk, he also served as tribunal secretary in multiple ICC arbitrations.

Chip was recognized as a Global Thought Leader by Who’s Who Legal: Arbitration 2023, due to his “vast expertise and experience advising on some of the world’s most significant and cutting-edge legal matters,” as well as his “ability to innovate, inspire, and go above and beyond to deliver for [his] clients.” He previously had repeatedly been recognized as a Future Leader by Who’s Who Legal: Arbitration 2017-2022, which focuses on selecting outstanding lawyers aged 45 or under. In its 2022 edition, Chip was named one of the eight Most Highly Regarded non-partners in the Americas, with published client and peer interviews confirming that Chip “has an ambitious outlook and works hard to win and deliver results for his clients,” and is commended for his “intellect and original approach to arbitration issues,” as well as his “encyclopedic knowledge of investor-state disputes.” In its 2021 edition, Chip was described as a “very talented, collaborative and responsive lawyer” who is considered to be “a true heavyweight in the arbitration arena” thanks to his “remarkable experience in international investment disputes.” In its 2019 edition, he was recognized as “‘a brilliant writer and tactician’ who peers note ‘really gets it’ when it comes to complex arbitration proceedings and is ‘one to watch.’”