…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…
…arbitration enthusiasts wondering how the agreement tackles ISDS, the European Commission released a press release on 2 December 2015, stating: “Vietnam has also agreed to accept the EU’s new approach…
…the UNCITRAL model) permit the use of arbitration (including international arbitration) in civil law matters such as those of a commercial nature. Honduras is a party to the New York…
…Singapore International Arbitration Centre (“SIAC”) Court of Arbitration, on progress in the review of the SIAC Arbitration Rules. The Rules revision was announced earlier this year and aims to take…
…in Commercial and Investor-State International Arbitration’ in Catherine A. Rogers and Roger P. Alford (eds), The Future of Investment Arbitration (OUP 2009) 5-42, at 39: [T]o the extent investor-state tribunals…
…at Helsinki Arbitration Day 2015. The author notes that the issue of efficiency in international arbitration is often misunderstood to be a matter of time and cost, when it is…
…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,…
…the investment arbitration initiated by Oxy. On November 2nd, 2015, the ICSID published on its web site the Decision and this event provoked a major debate in Ecuador. The influence…
…and avoid the scenario from the beginning of this post? If every investment arbitration is a laboratory for rules which may be expected to influence the outcome of proceedings under…
…the arbitration proceedings Unlike virtually any other institutional rules, the Rules of the Arbitration Court specifically designate that the seat of arbitration shall be in Sarajevo. This is not a…
In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”)….
…uncertainty in India’s arbitration jurisprudence as the answer largely depended on – 1) the seat of arbitration and curial law, 2) the law applicable to the arbitration agreement, and 3)…
…Cambodian judges attended the UNCITRAL Judicial Summit held recently during Hong Kong Arbitration Week, and met with arbitration judges from around the world. Most arbitration in Cambodia is for domestic…
In January 2015, a new arbitration institution, under somewhat ambiguous name of the Civil Arbitration Court (“Parnični arbitražni sud”) [“CAC”], was established. The program and rules provided by the CAC…
…main contract, the claims under that contract and/or the arbitration agreement” [A. J. van den Berg, International Commercial Arbitration: Important Contemporary Questions, 2003, 239]. In his 1963 award, Judge Lagergren,…
…judicial review of state conduct’. In light of such potential implications, it is important to consider whether the ‘unknown claimant’ really is a problematic feature of investment treaty arbitration and…
…arbitration, and no correspondent arbitration fee was paid. The arbitrators rendered a consent award, which did not include all provisions of the settlement agreement but only those covered by the…
…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…
…method to settle international investment disputes because in its specific reference to the Iraqi law, it implies acceptance of the Iraq’s domestic arbitration law (Arbitration Law). Article 27 of the…
Following a recent announcement of the London Court of International Arbitration (LCIA) (see https://www.lcia.org//News/difc-lcia-arbitration-centre-relaunched-today.aspx), its Dubai-based sister organisation, the Dubai International Financial Centre (DIFC)-LCIA Arbitration Centre, re-launched its operations from…
…conventional wisdom that investor-state dispute settlement, or ISDS, is in need of court-like transparency, arguing that extending court-like transparency to arbitration “would not benefit the arbitration process or the disputing…
In the landscape of international investment arbitration the allegations of corruption have become more and more common. Confronted with investor’s claims before an arbitral tribunal, host states employ all possible…
…of the arbitration institution chosen by the parties or, in the case of ad hoc arbitration, the Portuguese Voluntary Arbitration Law. Following the enactment of Law no. 62/2011, there have…
…in court greatly challenging – academics still refer to public policy as the “unruly horse”. This creates a significant responsibility for the courts to find an efficient way of determining…
