Consistency Archives - Kluwer Arbitration Blog

Consistency, Exchange rate, Investment Arbitration, Latin America, quantum, Transfer of Funds Clauses

An Unlikely Couple – The Use of Transfer of Funds Clauses for the Determination of Exchange Rates in Investor State Disputes

Julia Hildebrandt (Baker McKenzie)/January 4, 2022January 4, 2022 /Leave a comment

Inconsistent decisions have long been a major criticism in investment arbitration. This does not only pertain to decisions on procedure, jurisdiction or merits but also to quantum issues. This contribution will center around one unlikely connection that has the potential to enhance consistency and predictability in an area of quantification of damages in investment arbitration:…

Allocation of costs, conflict of interest, Consistency, ICSID Procedure, Panel of Arbitrators, Reform

ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them

Yarik Kryvoi (British Institute of International and Comparative Law (BIICL))/November 11, 2018November 12, 2018 /Leave a comment

On 13 November 2018, ICSID will present its new proposed amendments at a major conference in London. This round of amendments aims, among other things, to modernize the ICSID procedure based on case experience, simplify the rules, and make the process increasingly time and cost effective while maintaining due process and a balance between investors…