…clauses could be so limited. First, some investment treaties require a state taking essential security measures to notify its treaty partners that it is taking essential security measures and provide…
…UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention…
…works in Italy given the somewhat bizarre procedures and the above mentioned inexcusable timeframe. Equally challenging is trying to explain why Italy is not taking proper steps to solve these…
…of the lack of consistent regulation. While some countries have prohibited the practice (see, for instance, Singapore), most of them have no laws or have applied dissimilar rules for regulating…
…from court litigation, for international arbitration as a means to resolve investment disputes under the ICSID-Convention, the UNCITRAL Arbitration Rules, at the Regional Centre for Arbitration in Kuala Lumpur or…
…Pelaez-Pilar, former IBA President, observed elsewhere. Whilst Paris or New York have been traditionally popular seats for arbitration originating from Latin America, the role of London as an international arbitration…
…SIAC Investment Arbitration Rules, which are intended to provide an efficient alternative to the ICSID Rules and UNCITRAL Rules that States can adopt in their bilateral investment agreements or in…
…hearings to be closed temporarily. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (‘Rules on Transparency’), for example, which also provide for the presumptive openness of arbitral hearings, are…
…It is an interesting and important topic from the point of view of comparison between awards rendered under the Arbitration Rules of the International Centre for Settlement of Investment Disputes…
…IBA Rules on the Taking of Evidence in International Arbitration have historically been a compromise between civil law and common law. The current controversies on document production in international arbitration,…
…taking place, a question to be asked is then what possibilities are there for states to have their voice heard in the construction of the rules of this new order…
…This competence was of limited scope, i.e. it only covered some minor transportation related disputes. In 2003, the Rules on Organization and Work of the Arbitration Court (Rules) entered into…
…own rules of procedure. The current version of the Law on Arbitration stipulates that the “parties may agree on the rules of arbitration proceedings” without further referring to the rules…
…most peculiar provisions are presented in this post: Applicable procedural and substantive laws According to the CAC Procedural Rules (available in Croatian here) [“CAC Rules”], applicable law to the merits…
…due process control, such that the parties must be made aware of, and be given a reasonable opportunity to comment in particularized fashion, on the suspicion or evidence of illegality”…
…federal government. The Tribunal rejected that argument, finding that there was no evidence that the Claimant’s investment was ‘illegal’ and thus holding that it had been ‘made’ in accordance with…
…related issue is what the consequences of arbitral tribunal’s establishment of an illegality hidden in the consent award are. In an award rendered in June 2014 under the Rules of…
…Arbitration (the “IBA Guidelines”) and the 2014 Arbitration Rules of the London Court of International Arbitration (the “LCIA Rules”) and their Annex, namely that they place on arbitrators responsibilities for…
…contracting agency may select international arbitration to settle disputes provided that the contract shall provide for this facility, and when one of the parties is a foreigner, taking into account…
…Arbitration Rules to bring them in line with the amendments and improvements introduced by the 2014 LCIA Arbitration Rules. Such improvements include without limitation the introduction of an emergency arbitrator…
…we explore the role of transparency reforms in ISDS. We suggest, based on empirical evidence, that the reforms adopted at the World Bank’s International Centre for Settlement of Investment Disputes…
…prison term before the Croatian court for taking the bribe in the amount of 5 million euros from the investor in exchange for facilitating the 2009 Shareholders’ Agreements. However, in…
…same reasons that justify the exceptions to disclosure foreseen in the IBA Guidelines related to maritime, sports or commodities arbitration should also be applicable in the case of industrial property…
…received compensation for the costs they incurred in national courts deprived them of their right to request compensation for lost profits. The SCL formed a number of key rules in…
