Nationality requirement in arbitration clauses

Canada, ICSID Arbitration, ICSID Convention, Italy, Nationality requirement in arbitration clauses, UNCITRAL, Venezuela

(Covington and Burling LLP)/ /Leave a comment

For natural persons, possession of the nationality of the host state is an absolute bar to becoming a party to ICSID proceedings against that state. Article 25 of the ICSID Convention delimits the scope of arbitral jurisdiction to investment disputes between a ‘Contracting State’ and a ‘national of another Contracting State’, defined as ‘any natural…

Appointment of arbitrators, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Dispute Resolution, Dispute resolution clause, English Law, ICC Arbitration, International arbitration, Ismaili community, Nationality requirement in arbitration clauses, Pro arbitration, Supreme Court

(Allen & Overy LLP)/ /Leave a comment

In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to anyone reading this blog. We will then look at the Supreme Court’s judgment ([2011] UKSC 40),…

Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court

(White & Case LLP)/ /2 Comments
White & Case

One of the key issues that now awaits the decision of the U.K. Supreme Court in Jivraj v. Hashwani is whether there is a contract between the parties and the arbitrators, such that the arbitrators may be considered “employees” of the parties (and thereby subject to the law prohibiting discrimination by employers)? If there is…

Arbitration clause, Arbitrators, English Law, Nationality requirement in arbitration clauses, Seat of the arbitration

(Herbert Smith Freehills)/ /3 Comments
Herbert Smith Freehills

In arbitration, as in other aspects of business life, parties often feel most comfortable when they are (literally) on familiar ground. If things go wrong, a European or American company might understandably prefer arbitration seated in Europe or New York. On the other hand, parties from the PRC, for example, are increasingly, and equally understandably,…