…that has kept a foot in private international law to one of (purely) public international law. So far, international investment treaty disputes have been essentially resolved through investment arbitration in…
…This clause is different from the clause on transparency in arbitration proceedings. The Draft BIT did not have any corresponding provision. This provision mandates the Parties to ensure that all…
…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…
…(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…
“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 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…
…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…
…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…
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…
…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…
…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…
…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…
…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…
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…
…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…
…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…
…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…
…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…
…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,…
…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…
…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…
…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…
…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…
…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…
