…definitions often related to a physical “taking” by the State of an Investor’s assets, positing still the notion of an illegality which required the payment of compensation. In multilateral agreements,…
…and opinion juris. As indicated in several earlier cases and more recently reiterated in Philip Morris v. Uruguay, states’ adoption of particular rules in international treaties can constitute “evidence” of…
…the decisive factor (47% of the answers concerning Polish arbitral institutions, and 62% with regard to international institutions). Criteria such as low costs, up-to-date arbitration rules and similar were ranked…
…of sufficient evidence to support the District Court’s findings of fact, and, therefore, the court accepted them as true. The court rejected each of the grounds raised by the appellants:…
…of the ISDS rules within TTP. However, as I noted in a previous blogpost, the anti-ISDS groups have been extremely silent when the first Philip Morris case against Australia was…
…tribunal immediately, conduct its investigations expeditiously whilst taking care not to invoke the arbitrator’s jurisdiction, and formally raise its objections as soon as it has sufficient evidence to do so….
…Drake relied in the arbitration. The arbitrator’s involvement had included meeting persons who might give evidence in the arbitration. In ASM Shipping v TTMI [2006] 1 Lloyd’s Rep 375, the…
…States, were relinquished when China ratified UNCLOS (at [271]). The Tribunal found that there was no evidence that China had historically exercised exclusive control over the South China Sea. Prior…
…surrounding the permissibility of TPF. It also recommended the development of “clear ethical and financial standards for Third Party Funders providing Third Party Funding to parties to arbitrations taking place…
…of 270 million USD. The Claimants requested the appointment of emergency arbitrator in accordance with the SCC Arbitration Rules. On January 8, 2015, the parties were informed of the appointment…
…element of article V is the burden of proof: the drafting history states that only if a court is satisfied that enough evidence is submitted to warrant refusal, may a…
…to arbitral justice and the right to recover awarded costs. Yet, someone has to bear the risk of the impecunious claimant. There are no set rules on this topic. The…
…recently released its Rules on 15th June 2016, which has already created quite a flurry amongst the practitioners both inside and outside India. While the rules are yet to be…
…Tecnimont “saga” raises two issues that have been at the heart of a fierce debate for years, the binding force of the rules chosen by the parties to govern the…
…adjudicated under ICSID rules (plus 42 under ICSID’s Additional Facility rules) as opposed to 212 under UNCITRAL rules. One of the touted advantages of ICSID awards has been their perceived…
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
…by the parties” can serve no other grammatical purpose, (id. at 217), other than to modify both “elements in the series”: “among the rules of punctuation applied in construing statutes…
…substantive impact. Arbitration is excluded from EU legislation regarding jurisdiction and enforcement, and a tribunal seated in London is not obliged to follow EU rules regarding choice of governing law….
…Chilean Supreme Court remarked that, when accepting the ICC Arbitration Rules, Minera Santa Fe undertook to carry out any award without delay and waived its right to bring any form…
…or more parties in connection with the conclusion of the treaty, any subsequent agreement between the parties, any practice that is equal to an agreement, and relevant rules of international…
…finds support in the exceptions to confidentiality contained in virtually all arbitral laws and rules that provide for corresponding confidentiality obligations [See, e.g., LCIA Rules, Art. 30(1); Swiss Rules of…
…arbitrators, instead of courts, such as Article 28 of ICC Arbitration Rules, and Article 25.3 of the LCIA Rules. – Experience has demonstrated that it might be better to request…
…investment framework in the Balkans would allow this recalcitrant area to draft its own rules, while taking into consideration all the existing dynamics and not fall into the diplomatic trap…
…Convention and that “where its domestic rules of procedure require a national court to grant an application for annulment of an arbitration award where such an application is founded on…
