U.S.-Cuba relations: what is next for U.S. investors?
…possibility of submitting it to arbitration proceedings in accordance with Cuban legislation (art. 60.1 and 61). It is worth noting that Cuba is a party to the New York Convention…
Search Results for: efficient arbitration
Swaps in Portugal: A Case for Arbitration
…(that arbitration is in general in a better position to provide) and, on the other hand, the enforcement of the arbitration clause inserted in numerous swaps contracts, make arbitration a…
Arbitration in Africa: Past, Present, and Future
“A course in international arbitration that does not cover the Libya oil arbitration cases of the 1970s would probably be considered incomplete by most standards.” (Arbitration in Asia and Africa:…
Arbitration, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Investment Arbitration, Investment protection, Latin America, Mexico, Peru
A Year of Legal Developments for International Arbitration in Latin America
…Arbitration Act On 26 May 2015, Brazil amended its 1996 Arbitration Act. Rather than a new law, the reform is a refined text reflecting the pro-arbitration jurisprudence of the courts…
Enforcing Arbitration Clauses in Derivative Proceedings: Russia’s Perspective
…an arbitration clause, the preliminary question that arises is whether or not a shareholder (a prosecutor) is bound by an arbitration agreement. This post reveals ambiguous approaches of Russian courts…
Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Proceedings, Corporate disputes, Enforcement, Russia
The Russian Arbitration Reform Reached Its New Development
…to ad hoc arbitration lose their right to waive the possibility for the setting aside of an arbitral award. Further, the Law grants only parties to institutional arbitration the right…
Appointment of arbitrators, Arbitrator Intelligence, Arbitrator's Fees, Costs in arbitral proceedings, ICC Rules, Transparency, Uncategorized
ICC To Name Sitting Arbitrators And Penalize Delay In Issuing Awards
The Court of Arbitration of the International Chamber of Commerce began the new year by announcing two interesting and even bold innovations. The ICC Court will now, according to the…
Is a Uniform Arbitrability Rule Needed at an International Level?
…Club of Arbitration, the new rules for corporate arbitration included in the Rules of Arbitration of the Court of Arbitration of Madrid (in force from 1st March 2015, art.52), and…
Arbitral Tribunal, Arbitrator Challenges, arbitrators’ conduct, Book Review, Conflicts of interest, IBA Guidelines on Conflicts of Interest, ICSID Convention
Book Launch Event: Challenges and Recusals of Arbitrators in International Investment Disputes
…of this risk are significant in the investment treaty context. While arbitration is borne of an interest in party autonomy, ISDS often implicates issues of public concern. This broader public…
BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Treaty Interpretation, UAE, United States
ICSID Tribunal dismisses investment treaty claims against Oman (Part II): The substantive claims
…Omani Arbitration Centre, whereby three arbitrators would determine the dispute pursuant to the Omani arbitration rules. The Tribunal must be concerned only with the fact that OMCO terminated the OMCO–Emrock…
Attribution, BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, ILC Articles on State Responsibility, Investment Arbitration, Investment protection, Jurisdiction of the arbitral tribunal, Middle East, State Agency, UAE
ICSID Tribunal dismisses investment treaty claims against Oman (Part I): The facts and jurisdictional claims
…Area, better known in shorthand as the US-Oman FTA, which entered into force on 1st January 2009. The ICSID Tribunal comprised of a set of eminent investment arbitration specialists (Judge…
To Include or Not to Include an Energy Chapter in TTIP?
by Nikos Lavranos, European Federation for Investment Law and Arbitration (EFILA) Whereas all the attention in the TTIP-debate has been focusing on the investor-state dispute settlement (ISDS) provisions and, more…
The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
…practice, the last requirement excludes arbitration practitioners from appointment. This is not necessarily a good thing, given arbitration practitioners’ expertise in investment arbitration law and their wide experience in investment…
In the Realm of Greater Transparency: Is It Just ‘Much Ado About Nothing’?
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
What if the Ghost of Christmas Present Visited the International Arbitration Community of 1995?
…jurisdictions are opening new arbitration centers and hosting an unending flurry of arbitration conferences, symposia, and “Arbitration Days.” Finally, we know that the arrival of third-party funders is putting an…
Are Commercial Courts the answer to India’s arbitration woes?
…appear to be inconsistencies between the Ordinance and the Arbitration Ordinance. The Arbitration Ordinance has not made changes to the definition of “Court” under section 2(1)(e) of the Arbitration Act…
Second International Conference for a Euro-Mediterranean Community of International Arbitration
…opinion, the IBA rules on taking evidence in arbitration were almost a “carbon-copy” of US laws. Dr Abi-Saab concluded by advocating a civil-law-centric approach to arbitration in the Euro-Mediterranean area,…
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (Giorgetti ed., 2015)
…about the international investment arbitration system? Is it a correct to think that challenges are on the rise, or is this a function of the increase case-load of international arbitration…
Occidental v Ecuador: Partial annulment decision upholds the State’s liability
…key motives to have led the Government to undertake a broad institutional review of its investment protection treaties and question investor-State arbitration as a legitimate system for the adjudication of…
Australia, Expropriation, Investment, Investment agreements, Investment protection, ISDS, TPP, Trans-Pacific Partnership, Uruguay
Indirect Expropriation under the TPP: A New Frontier for the Right of States to Regulate?
…A of the investment chapter. Furthermore, the restructuring of a public debt cannot be submitted to arbitration for a violation of Section A, or if submitted it cannot continue, if…
Ad hoc arbitration, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Australia, BIT, Transparency, Transparency in investment arbitrations, Uncategorized, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
Recent Developments in Australia’s Approach to Confidentiality and Transparency in International Arbitration
…commercial arbitration, however, Australia is very clearly moving towards greater transparency in investment arbitration proceedings. Australia’s starting point in regulating the issue of transparency in international investment arbitration was similar…
The Strange Case of Italy and its Distrust of International Arbitration
…International Arbitration is generally quick and flexible, proceedings are private and confidential, and the final award is binding between the parties. Given that the benefits of Arbitration and the disadvantages…
It’s About Time To Regulate Third Party Funding
…international arbitration as sound and efficient as possible. However, when the involvement of the funder is not properly disclosed the impartiality and independence of the arbitrators might be at risk…
EU Sanctions and Russia-Related Arbitration: No Reason for Alarm
by Anja Havedal Ipp, Arbitration Institute of the Stockholm Chamber of Commerce A year into the sanctions regime, the arbitration community is trying to assess and predict its impact on…