Decision Making

Adverse Inference, Arbitrator Bias, Decision Making, International arbitration

(Creel, García-Cuéllar, Aiza y Enríquez)/ /Leave a comment

Mid-hearing, the Arbitral Tribunal in Sea Search-Armada, LLC v. The Republic of Colombia (PCA Case 2023-37) received an application for intervention from the Kingdom of Spain. The letter asserted Spain’s claim to certain rights over the San José Galeon, a “Spanish Navy warship sunk in naval combat against an English squadron in 1708” near the…

Arbitrators, Conflicts of interest, Corruption, Decision Making, IBA Guidelines on Conflicts of Interest, ICSID, In House Counsel, Independence and Impartiality, Institutional Arbitration, International arbitration, ISDS, Law Firms, Technology, UNCITRAL

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International arbitration is a constantly evolving field, shaped by global shifts, technological advancements, and changing expectations. On 31 August 2023 and 1 September 2023, the ICAL Alumni Association held the ICAL 20th Anniversary Conference entitled “Evolution or Revolution: Have We Mastered International Arbitration or Do We Need a New Blueprint for the Future?”. Carolyn Lamm’s (White &…

Advocacy, Arbitral Tribunal, Decision Making

, (Curtis, Mallet-Prevost, Colt & Mosle LLP) and (Hughes Hubbard LLP)/ /Leave a comment

On June 22, 2021, the Dispute Resolution Interest Group (“DRIG”) of the American Society of International Law hosted the webinar “Psychology in Oral Advocacy:  Using Science to Persuade International Tribunals.”  The event featured Doak Bishop, Ula Cartwright-Finch, Jennifer K. Robbennolt and Sabina Sacco, and was moderated by DRIG co-chairs Simon Batifort and Rémy Gerbay.  This…

Decision Making, ICSID Arbitration, Investment Arbitration, Investor-State arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Queen Mary University of London)/ /Leave a comment

Legal Reasoning: Interpreting and Applying the Law1)Mary Mitsi, The Decision-Making Process of Investor-State Arbitration Tribunals (Kluwer 2019). When analysing the process of legal decision-making what might first come to mind is the dichotomy between the interpretation and the application of the law. These terms, in some circumstances, may be employed interchangeably due to the strong…

Decision Making, ICSID Arbitration, International Law, Investment agreements, Investment Arbitration, Investment Treaties, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

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

The Vienna Convention on the Law of Treaties (VCLT) was adopted and opened for signature on May 23, 1969, and entered into force on January 27, 1980. In the fifty years since the VCLT was opened for signature, it has become universally regarded as one of the most important instruments of treaty law. It has…

Decision Making, Investment Arbitration, Investor-State arbitration, Treaty Shopping

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), (Queen Mary University of London), and (Three Crowns)/ /3 Comments

Consistent decision-making has been an ongoing concern in the way arbitrators approach the issue of treaty shopping and indirect expropriation. The article of Ozlem Susler and Therese Wilson, “Restoring Balance in Investor State Dispute Settlement: Addressing Treaty Shopping and Indirect Expropriation Claims and Consistent Approaches to Decision-Making” ,1)Published in CIArb’s Academic Journal: International Journal of…