Pieter Sanders, 1912-2012
in The Hague. I did not know much about arbitration then, but I did know enough to be impressed by being interviewed by Professor Sanders, arbitration’s founding father. I did…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Sempra greenlighted to execute against Argentine assets
…a stay on a $128 Million arbitral award. US energy company, Sempra, won its arbitration with Argentina in 2007, when arbitrators ruled that measures taken by Argentina in response to…
BIT claim or Contract Claim?
the American Bar Association’s Model Code of Professional Conduct, a couple provisions imply that the attorney’s representation must be to completely do what is reasonable and best for the client….
Central Asia, Damages, Investment Arbitration, Investor-State arbitration, Kazakhstan, Kyrgyzstan, quantum, Tajikistan, Uzbekistan
Damages Considerations in Central Asian Investment Arbitrations
…material impact on tribunals’ awards in investment arbitrations. This method follows the replacement cost approach, which follows the economic principle that a buyer will pay no more for an asset…
Procedure of Annulment of an Arbitral Award in Ecuador: An Arbitral Odyssey
…took the hero about ten years to complete his journey. This history is full of unexpected events, sudden changes and new obstacles that Odysseus must overcome in order to reach…
Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations
…of certain terms employed in two treaties concluded between Morocco and the United States in 1787 and in 1836, the International Court of Justice observed that “in construing the provisions…
Asset based methods – Part 3, valuation and the financial crisis
…is the historical expenditure incurred in developing a start-up business or new project a dependable guide to the market value of this enterprise? As I explain below, there are times…
The Recent Settlement at the Iran-United States Claims Tribunal: Historical Context, Implications, and the Future – Part II
…that time. The US has entered into several settlements at the IUSCT, which it does when it “believes they are justified on a legal and technical basis, and have no…
Newsletter
…Nauru Nepal Netherlands Netherlands Antilles New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island North Korea Northern Mariana Islands Norway Oman Pakistan Palau Palestine Panama Papua New Guinea Paraguay…
Kluwer Mediation Blog: June digest
From the mediation of sports disputes to a recent mediation law in Brazil and onto lessons learnt from teaching mediation and negotiation courses in universities in Germany and New Zealand,…
Chevron’s Explosive Filing on Collusion between Plaintiffs and the Ecuadorian Court-Appointed Expert
The ongoing saga regarding Chevron’s legal travails in Ecuador took an interesting twist this week. As I reported earlier, Chevron has secured key outtakes of the movie Crude that appeared…
MoU on Judicial Co-operation Adopted Between Abu Dhabi Judicial Department and the ADGM Courts
…Courts entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters dated 19 April 2016 . This, at least, is the position, giving credence to the official…
Treaties and Custom in Trade and Investment
Last week I had the privilege to attend an investment arbitration conference and FDI moot court competition at Pepperdine. Kudos to Murdoch University of Australia for winning the competition and…
Exhaustion of Local Remedies, International Law, Investment, Investment Arbitration, Investment protection, Investor, NAFTA
The Futility Exception to The Exhaustion Requirement: Apotex v. United States
…mis-applying a regulatory time period. Most of the reaction to Apotex has focused on the tribunal’s decision that the claimant’s activities in the United States—and in particular its submissions for…
The Domain of Investment Law: What is an Investment?
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…
Peeking Behind the Curtains: Insights from the Swiss Supreme Court’s Recent Public Hearings in Appeals against Investor-State Dispute Settlement Awards
In a marked departure from its usual closed-doors policy, the Swiss Federal Supreme Court (the “Supreme Court”) recently held public deliberations in two separate appeal proceedings concerning foreign investment arbitrations….
Smoke Signals from Uruguay
…by Phillip Morris International. (For background on the claim, see this Investment Arbitration Reporter account.) Following the flurry of Uruguayan press coverage, I spent a bit of time digging into…
Why Picking an Arbitrator is Like Playing Guess Who™?
…glasses and no hair be promoted to the upper echelons of arbitration or dismissed from the game entirely depending on the answer to the question, but there is, perhaps, a…
Plaintiffs Choose to Enforce Ecuadorian Judgment Against Chevron in Canada
The shoe has finally dropped. Ever since the Invictus Memo was released to the public we knew that the Ecuadorian Plaintiffs were considering twenty-seven different countries to enforce the $18.2…
Third Party Funding – Investment of the Future?
Third party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing necessary for an…
Reminder: Call for Papers, ITA Winter Forum
Reminder — The September 1 deadline is now drawing near for the Call for Papers, for the Institute of Transnational Arbitration (ITA)’s Winter Forum in Miami on January 24-25. Details…
Where to find today’s UK Supreme Court decision declining to enforce an ICC award against Pakistan
…not itself a signatory to a 1996 contract between Dallah and a Pakistani government-created Trust – could be bound by an arbitration clause providing for ICC arbitration. While Dallah persuaded…
Brexit and Foreign Investors’ Legitimate Expectations
…analogy of the Argentina arbitration cases suggesting that a fair and equitable treatment standard gives rise to legitimate expectations. As discussed in detail by Michele Potesta here, legitimate expectations can…
Would Reference to the Decisions of Investment Treaty Tribunals be of Assistance in the Interpretation of Political Risk Insurance Policies?
…to investment treaty arbitration is the sole remedy for a seemingly wronged investor. This is incorrect. While it is true that recompense for a State’s breach of its treaty obligations…