In the early 1990’s, then World Bank Senior Vice President and General Counsel, Ibrahim Shihata, and then ICSID Legal Advisor, Antonio Parra, observed that there “was hardly any case law”…
…G. Henriques, ‘I Will Not Go That Way: What The International Public Policy Of The Portuguese State Is Not’, in MEALEY’S International Arbitration Report Vol. 30, 2 February 2015) Although…
Following the flurry of arbitrations initiated by investors against Argentina based upon Argentine government actions during that country’s 2001-2002 economic crisis, one might have expected the U.S. government’s extensive market…
…of the AAA Commercial Arbitration Rules. As I understand it, they were to the point of the final oral hearing, and, thus, presumably the parties had expended a chunk of…
In light of interest in the international arbitration community concerning investment treaty cases against Argentina since the 2001 economic crisis, we thought it could be useful to share Freshfields’ working…
…Tribunal concluded that “the claimant’s initiation and pursuit of the arbitration [was] an abuse of the system of international ICSID investment arbitration”, it did not do not go so far…
…and Bridas SAPIC v Turkmenistan (June 1999) ICC arbitrations concern variants of this scenario. The legal mechanisms for compelling a non-signatory to join arbitral proceedings are numerous and include agency,…
…that the funding agreement may play a larger role (with its corresponding confidentiality provision) in arbitration than in litigation. With arbitration the likely reason to require disclosure may be limited…
that an investment arbitration panel is a “foreign tribunal” within the meaning of the statute. “The arbitration here at issue is not pending in an arbitral tribunal established by private…
…12 November 2015, in the context of its negotiations for the Transatlantic Trade and Investment Partnership (TTIP) and in a bid to address growing criticism of investment treaty arbitration, the…
…rapeseed and claimed damages for non-delivery. B commenced two arbitrations against A under the Federation of Oils, Seeds and Fats Associations (“FOSFA”) Rules of Arbitration and Appeal. A challenged the…
…those that are primarily tax-driven-but it otherwise is here to stay. By Dr. Pieter H.F. Bekker, Partner & Head of Public International Law, Crowell & Moring LLP, New York City…
…12) from 5:00 to 7:00 pm Eastern here at Kluwer Arbitration blog. You can watch the recorded presentation here. The event is sponsored by Notre Dame Law School and Hogan…
…application of the EU law. The Court also drew a line between the investment arbitration and commercial arbitration. The Court has not considered that the conformity with the EU law…
related to the Constitution of the International Council of Arbitration for Sport (the “Paris Agreement”). By virtue of this agreement, CAS was placed under the aegis of the newly created…
…effects between Israel and Colombia. None of its provisions can be interpreted in the sense of defining the sovereign territory of Israel or Colombia or creating obligations for Palestine. As…
…and corruption were also mentioned, of officials, attorneys, and representatives, the issue of which this Court should not make any reference, only to leave emphasized that the same accusations can…
…mandatory mediation provisions in the recent mediation law until September 2019, Haris considers and responds to the reasons for the resistance to these provisions on mandatory mediation. In “Mediation Navigation…
…95(b); Amto v. Ukraine, Arbitration no. 080/2005 SCC Rules, Final Award of March 26, 2008, para. 110; EDF (Services) Limited v. Romania, ICSID Case no. ARB/05/13, Award of October 8,…
…Tienhaara argues that: ‘The biggest users of ISDS are US multinational corporations. This means that entering into a trade deal with the US that includes ISDS provisions – such as…
inspiration behind her new approach to providing feedback as a judge in the recent ICC Mediation Competition and identifies the impact which this new approach has had. In “The coincidental…
…news for international businesses and financial institutions – potentially offering parties a faster route to enforcing contractual rights and providing greater legal and commercial certainty. Bocimar International N.V. (“Bocimar”) v…
…the content of the clause, last year’s Gujurat award, which was made available to the public in the course of connected litigation proceedings in New York, is discussed below. The…
…failure to consider and apply international legal obligations binding on the United States has resulted in reversible error. The preliminary injunction should be dissolved and the case dismissed. First, the…
