Pitfalls in proceedings to set aside an arbitral award in Switzerland
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS)….
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Route 66: Diverting the Italian Torpedo
Appeal agreed that a declaratory arbitral award could be enforced as a judgment of the English Court under section 66 of the Arbitration Act 1996 (the “Arbitration Act”). The intended…
Profiting from Anti-ISDS Propaganda
…which they have created around investment arbitration and trade/investment agreements generally. Recently, an article by Politico revealed some interesting details, which illustrate how these NGOs have been profiting from their…
Efforts to Codify the Law of State Responsibility for Damage to the Person or Property of Foreigners at the First Conference for the Codification of International Law
…March 13 to April 12, 1930 and was attended by representatives of forty-seven States. In the view of the United States Delegate to the Conference, Green H. Hackworth, then Solicitor…
Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Legitimate Expectations, Venezuela
A Sovereign’s Broken Promise: the Golden Ticket to a Billion-Dollar Award?
…relied in making its investment, and which later was frustrated by the conduct of the Administration. To be able to give rise to such legitimate expectations, such promise or representation…
Tipping Point?: What Does the Perenco case say about Fair and Equitable Treatment?
The case of Perenco Ecuador Limited v Republic of Ecuador, ICSID Case No. ARB/08/6 (Decision, 12 September 2014), is one of a number of investor-state disputes to arise from the…
BIT, Investment agreements, Investment Arbitration, Investment protection, Trade, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership
The Emerging Harmonization of the International Investment Law Regime
…the ASEAN States. Finally, many recent investment agreements include provisions authorizing host States to deny treaty benefits to shell companies. Such “denial of benefits” provisions have been developed in response…
Revisiting the Expropriation Hydra: Constructing a More Legitimate Face
…effective compensation” must apply. It is irrelevant whether such actions were for a public purpose, non-discriminatory, or legal or illegal. From the perspective of the investor, the only principle that…
Germany Enacts Amendment to Its Foreign Trade and Payments Act
…often perceived to pursue economic as well as political aims. Despite this origin, the legislation does not only apply to SWFs. Instead, it allows the German government to effectively block…
Why has Canada Not Ratified the ICSID Convention?
…to ratify has the opposite reputational effect. The availability of binding ICSID arbitration would increase investor confidence in Canada, making it an even more attractive location for foreign investment by…
Arbitral Tribunal, Arbitrator Challenges, arbitrators’ conduct, Book Review, Challenge Proceedings, Conflicts of interest, IBA Guidelines on Conflicts of Interest, ICSID Convention
Book Launch Event: Challenges and Recusals of Arbitrators in International Investment Disputes
…illustrate how issue conflict challenges can ensure that disputes are resolved before open-minded arbitrators who will entertain competing arguments concerning controversial legal issues. In Zamour’s view, issue conflict challenges properly…
David J. Bederman (1961-2011)
…until the end of the Second World War? One factor not to be underrated is the psychology of international arbitration. It makes for a superb face-saving device in the conduct…
ISDS, Moral Damages, Reputational Harm… To The State – A Comment In The Wake Of Lundin
…a moral damages claim. Even though BITs and other investment treaties, to the author’s knowledge, do not contain provisions on awarding moral damages to either party, investment tribunals have affirmed…
Pre-contractual liability- Another look needed: F-W Oil Interests, Inc. v. Republic of Trinidad and Tobago, ICSID Case No. ARB/01/14
It is not easy to get a grip on the vast amount of case-law being churned out by investment treaty arbitration panels. However, if law students wanted examples of the…
Developing a Coherent Basis for International Minimum Standard of Treatment
…Treatment (FET), and other non-discrimination doctrines such as National Treatment (NT). Some rules of international law are ascribed a greater legal significance in foreign investment law and this requires knowledge…
Editorial Policy
…Kluwer Arbitration Blog does not republish materials previously published, whether in their original version, amended, or translated, on other websites or journals / books. Kluwer Arbitration Blog posts can be…
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
…investment arbitration cases as result of breaches of the FTA provisions. The same risk exists for the 1,500 bilateral investment treaties (BITs), which the Member States currently have signed with…
Kluwer Mediation Blog – February and March Digest (Part 2)
…We hope you find these useful. In “Singapore Convention Series – Harmonization of China’s legal system with the Convention: suggestions for the implementation of the convention in China”, in the…
Kluwer Mediation Blog – April Digest
…Whanganui River in New Zealand, Ian Macduff considers the granting of legal rights and moral status to the environment. Ian then explores how to ensure that, in mediation, all those…
NAFTA Renegotiations Present an Opportunity to Strengthen ISDS’ Public Policy Perspective
…predictable, rules-based investment climate, as well as dispute settlement procedures which are designed to provide timely recourse to an impartial tribunal.” Section B of Chapter 11 establishes the ISDS mechanism…
Kluwer Mediation Blog – March Digest
…the new game in town, Idil Elveris provides a comprehensive overview of Turkey’s new mandatory mediation regime for labour disputes. Idil explains the path to the adoption of mandatory mediation…
Kluwer Mediation Blog – October Digest
On Negotiating in Interesting Times, Ian Macduff identifies the “natural experiment” afforded by New Zealand’s new coalition government which, as Ian notes, will govern only though constant negotiation and collaboration….
Can evicted aid groups sue Sudan for breach of investment treaties?
…be inferred as part of the definition of investment under investment treaties. Things get more complicated when it comes to arbitrations conducted under the auspices of the International Centre for…
BITs, Freedom of Expression, and the Impertinence of Aliens
…censorship or mistreatment due to the broadcaster’s editorial views or engagement in political expression. But, there are other BIT arbitrations where states were alleged to have punished media companies for…