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LLM Perspectives Online Publications

Huawei v. ZTE: Integrating Good Faith Without Foregoing the Right to Enforce Your FRAND-Encumbered Standard-Essential Patents

Despite the lack of harmonious EU-wide contract rules, the Court of Justice's injunction analysis in Huawei v. ZTE is well-aligned with US contract law principles. By imposing behavioral standards via principles of "good faith" and "fair dealing," Huawei addresses several dangers and abuses of SEPs, FRAND terms, and license negotiations.…

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Featured LLM Perspectives Online Publications

The WTO Appellate Body’s Subsidy Analysis in Canada-Renewable Energy / FIT

Recent WTO cases on renewable energy subsidies increased the conflict between trade and the environment by changing what "relevant market" means. This article examines "relevant markets" as a concept and analyses several flaws in the new "supply-side substitutability" argument by comparing rationales and applications in antitrust and WTO law.…

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Featured LLM Perspectives Online Publications

An Exaggerated Account of ICSID?: A Reply to Professor Robin Broad

Citing Pacific Rim Cayman LLC v. Republic of El Salvador, Prof. Robin Broad claims ICSID tribunals have a pro-corporate bias and lack concern for public interests, but such concerns are unfounded. ICSID's flaws are not as deep as is alleged, and no evidence supports allegations of substantial, consistent pro-investor bias.…

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