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The Supreme Court crippled the Alien Tort Statute in April, ruling that ATS plaintiffs can't sue over alleged atrocities committed on foreign soil. But the common law alternative to alien tort is alive and well, and multinationals are doing battle on multiple fronts.
How to choose between a record $2 billion ICSID award and a $2 billion ICC award that's also in record terrain? We've decided to throw up our hands and pronounce a tie for the 2012 Global Lawyer of the Year. We're honoring Debevoise & Plimpton's David W. Rivkin for his ICSID win in Occidental v. Ecuador, and Shearman & Sterling's Henry Weisburg, for prevailing in The Dow Chemical Company's ICC feud with Kuwait.
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