The Future of Interim Relief in International Disputes
…of interim relief requests. The rules regarding interim relief of various arbitration institutions were inspired by the language of the ICJ Statute. For example, Article 41 of the ICJ Statute…
Search Results for: iba rules on the taking of evidence
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Enforcement, Investment Arbitration, South America
Scorecard of Investment Treaty Cases Against Argentina Since 2001
…2001; 43 cases have been registered with ICSID and 3 cases have been filed under the UNCITRAL Rules; awards have been issued in 12 cases (3 of them denying jurisdiction…
ICSID’s New Secretary-General
As reported several months ago – and confirmed last week – the International Centre for Settlement of Investment Disputes (ICSID) has a new Secretary-General. Meg Kinnear comes to the post…
Review of Gary Born’s International Commercial Arbitration
…in a way which is, to this reviewer’s knowledge, not matched by any other existing arbitration text. For example, the choice of law rules applicable to an arbitration agreement, a…
A human right to information about investment arbitration?
…arbitrations may or may not be a matter of public record – depending upon the arbitral rules governing a case. While ICSID cases are listed on a public docket, cases…
Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Investment Arbitration
Legal Realism in International Arbitration
Ten years ago virtually all international arbitration was in a black box. The awards were accessible to the parties and virtually no one else. One had vague impressions about the…
Competition for the New York Convention?: The U.S. Signs The Hague Choice of Court Agreements Convention
…agreements. The U.S. has not made any such declaration. The Convention reserves the application of other conventions entered into by other contracting states, including rules of regional economic integration organizations….
Gary Born on the Role of Arbitrators
…rules and international conventions. The present review is focused on chapters 11 and 12, which explore and explain respectively: (i) the selection, challenge and replacement of arbitrators; and (ii) the…
Arbitration Institutions and Rules, Arbitration Proceedings, Domestic Courts, Enforcement, International Courts, International Legal Theory and Teaching, Investment Arbitration
Repudiation of International Arbitration Agreements and the Public Interest
…that he respects the rule of law. In particular, he affirms adamantly that he abides by international law. But by “law” he means the rules that need to be put…
International Commercial Arbitration
…and on the constitutional structures established by the world’s leading international arbitration conventions, legislation and institutional rules. The treatise begins with an Overview, in Chapter 1, which introduces the subject…
ECJ in West Tanker Shocker: London Anti-suit Injunctions Fall Foul of EC Law
…determines, under the rules applicable to it, whether it has jurisdiction to resolve the dispute before it … 30. Further … such an anti-suit injunction also runs counter to the…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration
Plama Consortium Limited v. Republic of Bulgaria – the Best and Most Surprising Award of 2008
…claimant had been entitled to the substantive protections of the ECT, the claims were entirely lacking in merit. The tribunal found the claimant failed to support its allegations with evidence….
Challenging Challenges
…by a genuine concern over the impartiality of an arbitrator. All the evidence from published and other challenge decisions shows that the IBA Guidelines (in particular) and other publications are…
Whither the New Financial Crisis Claims?
…do get filed, they don’t always need to be disclosed to the public. Much depends upon the arbitral rules used to bring a claim; with ICSID’s public docket contrasting sharply…
ASIL and International Arbitration
The American Society of International Law is pleased to join a number of organizations and institutions contributing to this on-line discussion of current issues in international arbitration. We have long…
The Nature of International Arbitration
…law and evidence. International arbitration presents grand issues of great international moment, as well as pedestrian concerns of stultifying minutiae. The practical details of international arbitration are incredibly complex, and…