January 13, 2022
The eleventh annual Smit-Lowenfeld Prize has been awarded to Kathleen Claussen, Associate Professor at the University of Miami School of Law, Senior Fellow at the Georgetown University Law Center Institute of International Economic Law, for her article “The International Claims Trade,” published in 41 Cardozo Law Review 1743 (2020).
The article analyzes claims trading doctrines used by arbitral tribunals and domestic courts to explore how international claims trading could be treated as an accepted feature of international investment law. It argues that courts and tribunals often misunderstand claims trading, which can advance some of the goals of investment law rather than hinder them. The article concludes by providing three policy proposals to improve the existing claims trade system and help policymakers navigate the current landscape.
The prize was presented to Prof. Claussen virtually on January 13, 2022. In making the award, Lawrence W. Newman, Presiding Member of the IACNY and Of Counsel at Baker McKenzie, said: “Prof. Claussen contributes to the field of international arbitration by providing original insights on the previously underexplored area of international claims trading. We look forward to following her work in the future as we expect her to continue to make an impact in the field.”