…landmark international claim. Under ICSID rules, South Africa must give its assent to any withdrawal of the claim. Unless the parties can agree how to apportion the government’s legal costs,…
…telecoms sector, it was excising only the 94% shareholding allegedly controlled by the British Peer, Lord (Michael) Ashcroft. Compared to the large-scale nationalizations taking place elsewhere in the hemisphere, this…
…York Convention provides that contracting states shall recognize and enforce arbitral awards “in accordance with the rules of procedure of the territory where the award is relied upon.” The jurisdictional…
…and uniform rules that exhaust the creative functions of international tribunals. To the contrary, they may preserve the flexibility required for adaptation to the circumstances of particular disputes. Given the…
…providing for dispute resolution by a sole arbitrator sitting in Geneva under the Swiss Rules of International Arbitration. In November 2008, the lessee, X, complained about various defects in the…
…exceptional circumstances such as physical duress [were] present in this case to justify moral damages” (para. 181). The Tribunal therefore rejected the claim essentially based on lack of evidence. The…
…failed to take into account the newly submitted evidence in its decision. In particular, X claimed that it had notified CAS of a new technical directive of the World Anti-Doping…
…ICC, to administer arbitrations in China. In practice, a number of arbitrations have taken place and are currently taking place in China under the rules of the ICC and other…
…venue of the arbitration – in an arbitration clause that provides for arbitration to be conducted in accordance with the ICC Rules – provided sufficient evidence to satisfy the court…
…forum by arbitration parties planning to obtain evidence or witness testimony from the United States. To ensure the availability of Section 1782 discovery, such parties might seek actively to arbitrate…
…million Nicaraguan judgment. Here’s the key excerpt of the decision: “the evidence before the Court is that the judgment in this case did not arise out of proceedings that comported…
…L, and others, found no evidence of corrupt influence peddling via-a-vis the governments of France, Taiwan, or China. On 4 September 1996, a French state court rendered an enforcement order…
…surely in part due to the way that parties and tribunals have described preliminary requirements; significantly, unlike in the ICJ’s Rules, which in Article 79(1) entertain the possibility of preliminary…
…submit sufficient evidence. The Amsterdam Court of Appeals reached a different conclusion. It reviewed in depth the evidence submitted and held that the Russian courts in this case had lacked…
…enforcement will then be stayed provisionally until the ad hoc committee established to hear the annulment request rules on whether to continue the stay. Unsurprisingly, States requesting the annulment of…
…is for the benefit (and waivable) by one of the parties. The last place that counsel want to be is in the witness box giving evidence on their settlement negotiations….
The Swiss Rules of International Arbitration (the “Swiss Rules”) entered into force on 1 January 2004. These rules were originally adopted by the Chambers of Commerce and Industry of Basel,…
…Chevron’s efforts to resist enforcement of any environmental rulings emanating from Ecuador; in other words, Chevron might trumpet an award for “denial of justice” as concrete evidence of the unreliability…
…automatically. Article 28.6 of the ICC Rules and Article 26.9 of the LCIA Rules provide that the parties by agreeing to arbitration under the respective Rules waive their right to…
…establish standards for the treatment of foreign investment. For example, they regulate the taking of investment property, prohibit discrimination against or among foreigner investors, and entitle foreign investors to “fair…
…and according to the province’s “rules of court”. The proceeding was unusual in that it was conducted in public, and attracted considerable media attention in Canada. Ultimately, the sole arbitrator,…
…court was not entitled to review the merits of the award and, even if the Qatari court asserted such jurisdiction, Article 28 of the ICC Rules (which provides that awards…
In 2006, the ICSID Arbitration Rules were amended to allow a party to make a preliminary objection to claims that are “manifestly without legal merit.” The procedure for this objection…
…been viewed as merely a sub-category of the international minimum standard. However, recent practice and international case law has started taking the view that the FaETS expands the scope the…
