…The tools are as follows: “adding new treaty provisions”, in particular, to incorporate clauses to preserve the right to regulate or to promote responsible investor behaviour; “omitting existing provisions” especially…
…In any event, so the award creditor, the domestic ratification rules did not apply to the case at hand given that the present award was a foreign award which required…
…arbitrators authorised to hear investment arbitration disputes and (ii) to operate as an appellate court for investment arbitration awards, as well as a forum for setting aside such awards. The…
…Superannuation Scheme, Ltd argues that the arbitration clause in Petrobras’ bylaws is not binding: “Neither Petrobras shareholders nor ADS holders have ever expressly consented to an arbitration proceeding”. The company,…
…the ASEAN States. Finally, many recent investment agreements include provisions authorizing host States to deny treaty benefits to shell companies. Such “denial of benefits” provisions have been developed in response…
…terms: (i) The invalidity of the arbitration agreement (Art. 44(1)(a)(i)) – Meydan had never advanced any arguments as to the invalidity of the arbitration agreement: Meydan’s argument of invalidity in…
…the non-lowering of standards provisions from arbitration, and most (with Benin and Burkina Faso being the only exceptions) exclude the CSR provisions as well. However, these provisions may be given…
…to court proceedings. Non-Domestic Rules Of Evidence Can Apply Subject to the Rules of Court, the SICC may depart from Singapore rules of evidence. Presently, the only means by which…
…judgment creditor …, be referred to arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre” (my emphasis). Equally, the suggested wording of the DIFC-LCIA arbitration clause contained in the…
…resolve the dispute, Pakistan referred the matter to arbitration before a Court of Arbitration constituted under the Treaty (and supported by the Permanent Court of Arbitration), comprising of seven members,…
…court proceedings in breach of an arbitration clause. This is reportedly the first time such an anti-suit injunction has been granted in Hong Kong to restrain foreign proceedings. Legal background…
…to economic sanctions that are external to the applicable law. These, just like exchange control regulations and antitrust laws, fit into the category of overriding mandatory rules (or “lois de…
…in relation to future set-aside applications – particularly in relation to infra petita and ultra petita challenges in complex, multi-party arbitrations. Background: the Arbitration Proceedings and Award The arbitration arose…
…year the CAC adopted a new set of ethical rules that effectively incorporate the IBA Guidelines on Conflicts of Interest in International Arbitration into the CAC’s “Code of Ethics.” Duarte…
…The Commission’s Review draws heavily upon recent data released by UNCTAD covering trends in investment treaty arbitration. Indeed, the Commission observes that its concerns over ISDS provisions “are heightened by…
…LCIA, mediations under the LCIA Mediation Rules 2012, arbitrations where the LCIA is the appointing authority only, and cases where the LCIA is acting as a fundholder only. With respect…
Non-payment of the share of an advance on costs in arbitration has consequences on an arbitration agreement, arbitration proceedings and a possibility for the parties to have recourse to courts….
Third-party funding is a controversial, dynamic, and evolving phenomenon in international arbitration. Proponents and opponents of third-party funding debate whether the practice will make a positive or negative impact on…
…often been resolved through arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce or in other European arbitration centres. This trend appears to be changing. For disputes…
…(Istrokapital SE) filed an international arbitration claim against Greece for the Private Sector Involvement Program (PSI), invoking the claim that Greece adopted measures in breach of international treaties, depriving the…
…had jurisdiction over a dispute submitted to ad hoc arbitration under the UNCITRAL Rules.It held that in the context of modern investment treaty arbitration, the language of Article 17 of…
…then sent to Presidential approval. The President in-office, before sanctioning the Law, sadly vetoed three provisions related to: (i) adhesion contracts: an arbitration clause would only be effective if it…
…primary motor behind the growth of international arbitration, and the USA itself today has a robust international arbitration practice. Objections to the New York Convention in 1958 were based on…
…the arbitration community, and were recently touched on by Professor Emmanuel Gaillard’s discussion of the “Sociology of Arbitration” during the 29th annual Freshfields Arbitration Lecture. Two panels of the ITA…
