ICCA 2014’s second break-out session of Monday, 7 April, tackled the challenging issues surrounding document production and interim measures in international arbitration. The discussion was informative and the audience participated…
…Further Legitimacy.” They finished grappling with a potential extension of this premise to its outer limits. For many users of the arbitration process, the institution can be the source of…
…briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide substantive outcomes of disputes, but…
…Whether this reality threatens the legitimacy of international arbitration and motivates the community to aspire to make arbitration more diverse and inclusive and, if so, how that goal can be…
…plea for more precision in arbitration was made by the first panel of the “Precision Stream” at the 2014 conference of the International Council for Commercial Arbitration (“ICCA”) being held…
…court’s appointment of judges that specialize in handling arbitrations as another positive trend in Australian arbitration law. Covering Africa, panelist Nuno Ferreira Lousa of Linklaters cited positive statistics on the…
…the arbitration legal framework established over more than two decades ago. While arbitration laws and treaties across the region have nurtured arbitration and investment protection, some Latin American states have…
…the law and practice of arbitration in the European Union and Switzerland under contract IP/C/JURI/IC/2013047. The study concerns arbitration in all its forms, including international commercial arbitration, domestic arbitration, online…
…is Indian Law, the seat of arbitration is India which makes the Indian law the curial law of arbitration and the law governing the contract is Indian Law, hence the…
…the organizers and participants of the ITA-IEL Joint Winter Forum on “International Energy Arbitration” held in Houston, TX, where a paper, from which this post draws, was presented. © Odysseas…
…that score. Roger – Will you focus on commercial or investment arbitration? Luke – Collectively we have significant experience in commercial, investment, and state-to-state arbitration, and intend to continue to…
As reported earlier, the US Supreme Court has recently adjudicated on the issue of the standard of review in relation to arbitration agreements in international investment arbitration. It is a…
…an informed decision with regard to the type of arbitration while negotiating the arbitration clause. The structure and procedural predictability that is provided by institutional arbitration may have great advantages…
…which contained an arbitration clause providing for ICC arbitration in Switzerland or France. The Respondents requested a stay of proceedings on the basis of the arbitration clauses contained in these…
…Treaty (the “BIT”) and Venezuela’s Foreign Investment law (the “Foreign Investment Law”). The arbitration concerns the Claimants’ interests in two extra-heavy oil projects located in the region in Venezuela known…
…laws of Florida 2. Any and all disputes settled through arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA’s International Arbitration Rules 3. Seat of Arbitration…
Simon Lester has a thoughtful response to my earlier post about using trade remedies to enforce arbitration awards. He questions whether conditioning GSP benefits on compliance with arbitration awards is…
…of an arbitration clause, Article 87 LPI (which was considered as governing the material validity of the arbitration clause) was devoid of any effect on the pending arbitration. The Supreme…
…over power supply from the hands of Vattenfall. We use this as an occasion to examine the legal implications in the field of investment arbitration of the threat to expropriate….
As I discuss in a recent article published in the Santa Clara Journal of International Law, one of the most significant developments signaling the convergence of trade and arbitration is…
…courts. The issue here concerned whether or not the local litigation requirement in the U.K-Argentina BIT was a procedural prerequisite to investor-state arbitration, or a necessary substantive step needed prior…
The Competence-Competence Principle is a fundamental principle of international arbitration. It is recognized in article 8 of Brazilian Arbitration Law. However, in Companhia de Geração Térmica de Energia Elétrica –…
…address the concerns in (C), I will not address the position of investment arbitration, or foreign awards concerning Iraqi parties or state-owned entities where Iraq is the seat of arbitration….
…in investment arbitration cases in certain instances. Human rights jurisprudence has been considered by investment arbitration tribunals in a number of cases. For e.g. in Tecmed v. Mexico [ICSID Case…
