Publications & Learning
A review of the enforcement mechanisms applicable to international non-navigable water disputes, including those provided in the UN Watercourses Convention, followed by a proposal for generating more widespread availability of binding dispute resolution.
Matthew E. Draper, June 11, 2015
An overview of the various methods by which transborder water disputes are resolved between states in the United States -- including through litigation, Congressional acts, and interstate compacts -- presented to the American Bar Association's Section on the Environment, Energy and Resources' Alternative Dispute Resolution and Water committees.
New UN Watercourses Convention Enters Into Force: Treaty Provides Inter-State Arbitration and Private Rights of Action for Transboundary Water Disputes
Matthew E. Draper, August 18, 2014
An analysis of the first global treaty to govern transboundary water use and establish mechanisms for resolving international water disputes. Notably, the Watercourses Convention creates a right for companies and individuals to enjoy equal access to foreign States’ courts and administrative proceedings to redress transboundary water pollution, diversion, and other water-related harms.
ICC Commission Report: States, State Entities & ICC Arbitration
International Chamber of Commerce, 2012
Matthew E. Draper served as a member of the ICC Task Force for States, State Entities and ICC Arbitration. The report, published by the ICC, provides recommendations regarding changes to the internationa arbitration rules of the ICC.
For more information about the ICC Task Force, click here.
Hong Kong Appellate Court Upholds Arbitral Award Despite Claim of Apparent Bias During “Med –Arb”
Matthew E. Draper, New York Dispute Resolution Lawyer, Spring 2012, Vol. 5, No. 1.
An analysis of the controversial decision of the Hong Kong Court of Appeals in Gao Haiyan and Xie Heping v. Keeneye Holdings and another CACV 79/2011.
ADR in Business: Practice & Issues Across Countries & Cultures
Matthew E. Draper - New York Dispute Resolution Lawyer, Fall 2011, Vol. 4 No. 3.
Review of collection of essays on mediation and arbitration practices employed to resolve commercial disputes around the world.
New York Convention Awards in the Second Circuit: ‘Frontera’ Provides Guidance on Jurisdiction and Foreign States
Matthew E. Draper - New York Law Journal, April 12, 2010.
Analysis of a decision by Second Circuit altering significantly the jurisidiction of New York courts over foriegn defendants.
Gunboats on the Colorado: Interstate Water Controversies Past & Present
John B. Draper - 55 Rocky Mountain Law Institute Journal 18-1 (2009)
A practitioner's view of the unique issues raised when interstate water disputes are heard by the United States Supreme Court.