Best practices, Confidentiality, Confidentiality and Transparency, Dispute resolution clause

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

One of the defining and distinguishing features of arbitration is the privacy that it affords parties. However, as all practitioners recognize, arbitration is rarely conducted in full secrecy and applications to vacate or confirm an award can bring the existence, subject matter, and outcome of an arbitration to the forefront of public discourse. Often times,…

Arbitrability, Arbitral seat, Arbitral Tribunal, Arbitration Agreements, Arbitration Awards, Argentina, BIT, Investment Arbitration, Investor, SCOTUS, Transparency in investment arbitrations, Treaty, U.S. Supreme Court, UNCITRAL Arbitration Rules, vacatur

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

It has been over two years since the DC Circuit Court of Appeals (“Circuit Court”) vacated an award in a bilateral investment treaty arbitration (BG Group PLC v. Republic of Argentina (UNCITRAL)) concluding that the panel did not have authority to adjudicate the dispute because the claimant had not satisfied a pre-arbitration requirement, namely, litigating…