Arbitration, BIT, Conference, Energy, Interim measures

(Squire Patton Boggs)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The 3rd Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 14-15, 2016, in Houston, Texas. Under the guidance of conference co-chairs C. Mark Baker (Norton…

Energy Charter Treaty

(University of Aberdeen )/ /Leave a comment

  We are pleased to announce the event “The EU and investment arbitration under the Energy Charter Treaty” a conference organised by the Centre of European and International Legal Affairs (CEILA) and supported by the Energy Charter Secretariat. The event will take place in London on the 11th & 12th of February, hosted in the…

International arbitration, International environmental disputes, Permanent Court of Arbitration

(11 KBW and Clyde & Co)/ /1 Comment

Introduction “Essentially what is at stake at this climate conference is peace”. Those were the words uttered by French President François Hollande to signify the importance of COP21 – the 21st Conference of Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris to address climate change in December 2015. Indeed,…

Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration institution, Arbitration Proceedings, International arbitration, Latvia, Validity

, (COBALT)/ /Leave a comment

Latvian courts annually enforce approximately 1000 arbitral awards. Just a few years ago this number was even higher – reaching 7000 requests in 2004 (statistics of the Court Information System available here) – since also consumer disputes could have been submitted to arbitration, as non-negotiated arbitration clauses were not presumed to be unfair and thus…

Investment agreements, Investment Arbitration, Investment protection

(Quinn Emanuel Urquhart & Sullivan LLP)/ /1 Comment

Investing internationally is all about taking risks. Risk-taking is essential to survive in today’s business world, where competitors, rivals, challengers, in all sectors of the economy, are growing like mushrooms. One needs to take risks to stand out from the rest. Foreign investors are at the center of our economies and appear as key actors…

Arbitration, Arbitration Act, Foreign seat, India

(Khaitan and Co., Singapore)/ /Leave a comment

The Indian Arbitration and Conciliation Act, 1996 (“Act”) makes it clear that an arbitration between an Indian and a foreign party can be governed by foreign law and can have a foreign seat. This is defined as ‘international commercial arbitration’ under the Act. However, whether two Indian parties can agree to a foreign seat for…

Arbitration, Corruption, International arbitration

(D|R Arbitration & Litigation)/ /Leave a comment
YSIAC

The legal consequences of a breach of a contract tainted by corruption are better understood through a hypothetical: Contractor A of country X enters into negotiations with B, the Minister of Economics and Development of country Y, with a view to concluding an agreement on a large infrastructure project (“the Contract”). B requests the payment…

Argentina

(Knoetzl Haugeneder Netal Rechtsanwaelte GmbH) and (Freshfields Bruckhaus Deringer)/ /Leave a comment

Overview On 1 August 2015, the new National Civil and Commercial Code (the “Code”) entered into force in Argentina. Articles 1649 to 1665 of the Code incorporate the new regulations governing arbitration. Although not expressly stated, it may be understood that it applies to both domestic and international arbitration. In accordance with the Argentinian federal…

European Union, Transatlantic Trade and Investment Partnership, Uncategorized

(Research Scientist at CNRS (Centre national de la recherche scientifique) - CREDIMI, University of Burgundy)/ /Leave a comment

The last four months of 2015 have been significant for the design of future investor-state dispute settlement (ISDS), at least as far as political will goes for the European Union’s (EU) international investment policy. The European Commission’s May 2015 concept paper on ‘Investment in TTIP and beyond – the path for reform’ publicly expressed the…

Cuba, Investment, Investment agreements, Investment protection, Sanctions, United States

(Allende & Brea)/ /Leave a comment

More than one year has passed since the U.S. and Cuba started to rekindle their relationship and restore economic ties. The Cuban government is opening the country to foreign investment, the U.S. is relaxing the sanctions imposed on Cuba, and both countries reopened their embassies after half century of frosty relations. Despite U.S. sanctions, Cuba…

Arbitration, Financial Agreements, Financial Industry, kompetenz-kompetenz, Portugal, Swap

(University of Lisbon, Faculty of Law)/ /Leave a comment

and Duarte G. Henriques, BCH Lawyers 1. Until very recently the swaps industry seemed to be reluctant to use alternative dispute resolution or at least was very indifferent as to the choice of the dispute resolution mechanism, with disputes almost always being left for the courts of either London or New York to decide, these…

Africa, Appointment of arbitrators, Arbitral seat, Arbitration, Uncategorized

(Squire Patton Boggs)/ /Leave a comment

“A course in international arbitration that does not cover the Libya oil arbitration cases of the 1970s would probably be considered incomplete by most standards.” (Arbitration in Asia and Africa: Profiles of Selected Arbitral Institutions, Won Kidane, China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration, International Arbitration Law Library, Volume 23, p.367) This…

Arbitration, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Investment Arbitration, Investment protection, Latin America, Mexico, Peru

(Mayer Brown LLP)/ /Leave a comment

2015 has witnessed numerous interesting legal developments in the field of international arbitration in Latin America, although these have been wide-ranging in nature and have not always followed the same path. While some jurisdictions have taken legislative steps to introduce or consolidate pro-arbitration legislation in accordance with internationally accepted standards, others, perhaps influenced by negative…

Arbitration, Arbitration Agreements, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners)/ /1 Comment

In some legal systems, a shareholder of a company may act for the company in certain circumstances. When a shareholder is permitted to do so, questions may arise whether the shareholder may invoke (and is bound by) an arbitration clause in the contract. The arbitrability of derivative shareholders’ actions is largely unclear in comparative legal…

Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Proceedings, Corporate disputes, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners)/ /Leave a comment

For the last several years, Russia has undergone arbitration reform initiated by the President in or around 2013. The reform is aimed at increasing the credibility of this dispute resolution mechanism in Russia and updating the framework regulating domestic and international arbitration by addressing many long known gaps. The latest development occurred on 29 December…

Appointment of arbitrators, Arbitrator Intelligence, Arbitrator's Fees, Costs in arbitral proceedings, ICC Rules, Transparency, Uncategorized

(MDisputes)/ /5 Comments

The Court of Arbitration of the International Chamber of Commerce began the new year by announcing two interesting and even bold innovations. The ICC Court will now, according to the ICC’s own press release, “publish on its website the names of the arbitrators sitting in ICC cases, their nationality, as well as whether the appointment…

Arbitrability, New York Convention, Spain, UNCITRAL Model Law

(Universidad Carlos III de Madrid)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

A July 2015 decision of the Superior Court of Justice of Madrid (Tribunal Superior de Justicia), the competent court to decide on the setting aside of an award when the seat of the arbitration is Madrid, declared non-arbitrable a controversy between two multinational Spanish operators in the natural gas sector. The dispute arose over the…

Arbitral Tribunal, Arbitrator Challenges, arbitrators’ conduct, Book Review, Conflicts of interest, IBA Guidelines on Conflicts of Interest, ICSID Convention

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Three Crowns LLP)/ /Leave a comment
Three Crowns LLP

By: Kiran N. Gore and Alexandros Diplas The Blog recently featured a book review of the recently published Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, edited by Professor Chiara Giorgetti of University of Richmond Law School. This review was a timely follow up to the December 10, 2015 book launch…

BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Treaty Interpretation, UAE, United States

(Blanke Arbitration LLC)/ /Leave a comment

This is Part II of a previous blog, discussing a recent Award dated 27 October 2015 rendered in ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman and dismissing all claims against Oman (see Part I of the blog). By way of reminder, the claims brought in these ICSID proceedings…

Attribution, BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, ILC Articles on State Responsibility, Investment Arbitration, Investment protection, Jurisdiction of the arbitral tribunal, Middle East, State Agency, UAE

(Blanke Arbitration LLC)/ /Leave a comment

By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International Convention for Settlement of Investment Disputes (ICSID), also commonly referred to as the Washington Convention, dismissed all claims brought by a US national against the…

Energy, Investment Arbitration, Transatlantic Trade and Investment Partnership

(NL-Investmentconsulting)/ /Leave a comment

by Nikos Lavranos, European Federation for Investment Law and Arbitration (EFILA) Whereas all the attention in the TTIP-debate has been focusing on the investor-state dispute settlement (ISDS) provisions and, more recently, on the proposal of the European Commission for the creation of an investment court system (ICS), the proposed energy chapter – with potentially much…

Uncategorized

(Independent Arbitrator)/ /3 Comments

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. On 12 November 2015, the European Commission rendered public and put on the negotiation table with the United States a proposal regarding the investment chapter of…

Arbitration, Confidentiality, Confidentiality and Transparency, Investment Arbitration, Mauritius

(School of Law, King’s College London)/ /Leave a comment

by Maria Laura Marceddu, School of Law, King’s College London Over the last years, as discussed on this blog (see here), there have been many interesting developments in the field of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and…