Argentinian Crisis Revisited
…the establishment of an arbitration center as an alternative to the ICSID. Some might be rubbing their hands and wait impatiently for the next arbitrations coming with the next Argentinian…
…the establishment of an arbitration center as an alternative to the ICSID. Some might be rubbing their hands and wait impatiently for the next arbitrations coming with the next Argentinian…
…Code (CPC), which is based largely on the former Egyptian Civil Procedure Law. The UAE also signed the New York Convention (NYC) in 2006 and its provisions apply to both…
…must comply with the provisions of the laws of Myanmar, in general, and with the provisions of the FIL and the investment permit in particular. Substantial restrictions apply in relation…
by Patricio Grané and Brian Bombassaro The year 2012 brought eight new investor-state arbitration decisions on umbrella clauses.1)(1) Société Générale de Surveillance S.A. v. Republic of Paraguay, ICSID Case No….
…and shorter. New editions of institutional arbitral rules were introduced by the SIAC in 2010, the ICC in 2012, and the HKIAC’s revised Administered Arbitration Rules (Draft HKIAC Rules) are…
My friend and colleague David Caron, C. William Maxeiner Distinguished Professor of Law at the University of California, Berkeley, has been named the new Dean at the Dickson Poon School…
…representatives and the U.S. defense bar (available here; see also David Garcia and Leo Caseria, Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again (Nov….
…to governments’ ability to effectively respond to emergent demands, such as financial crises or climate change, the redress of which requires new policies and approaches. The mere filing of an…
…difference has been referred to it, no party may commence any arbitration procedures in accordance with this Agreement. This was followed by a standard LCIA arbitration agreement in section 14.4….
…host country to be substantial. Further, “indirect” expropriation provisions in BITs and FTAs provide property rights not available in many nations’ domestic legal systems. Under ISDR, governments can be required…
…looks at the role of law firms, arbitrators and third-party funders in investment treaty arbitration. In it, we argued that the arbitration industry has fuelled an investor-state dispute boom over…
…to its dragging Argentina to international arbitration. While a number of arbitration lawyers and institutions have since petitioned the U.S. Supreme Court to hear BG’s last-ditch appeal, the procedural requirement…
…justice to an impecunious party who may have a credible / meritorious claim. Arbitration finance is a specialty corporate finance focused on arbitration claims (i.e. the award proceeds) as assets…
…New York Rules are based on the American Bar Association’s Model Rules of Professional Conduct, which form the basis of the conduct rules in many other US jurisdictions. Given that…
…occured (Australia: International Arbitration Act 1974 (Cth) (the IAA), s 19; New Zealand: Arbitration Act 1996 (the 1996 Act), First Schedule, arts 34(6) and 36(3)). This form of drafting opens…
…95(b); Amto v. Ukraine, Arbitration no. 080/2005 SCC Rules, Final Award of March 26, 2008, para. 110; EDF (Services) Limited v. Romania, ICSID Case no. ARB/05/13, Award of October 8,…
…Emanuel Urquhart & Sullivan in New York. ** Lucas Bento is an associate at the firm and a member of the international arbitration group. [1] An interesting issue considered by…
Two major events have taken place recently regarding the situation of Bilateral Investment Treaties concluded between European Member States (“Intra-EU BITs”) and Bilateral Investment Treaties concluded between an European Member…
…commercial claims under the auspices of international arbitration institutions? Many arbitral rules have recently undergone rigorous review and changes from appointed committees, such as the ICC Arbitration Rules. However, no…
…These are not, however, insurmountable obstacles. Several of the legal issues can be resolved by predicating participation on consent and support from the arbitration community. Arbitrator webpages would be created…
…later, Y initiated arbitration proceedings against X under the ICC Rules. The seat of the arbitration was Geneva. As in Vivendi vs. Elektrim, the issue was whether the arbitral tribunal…
…to be answered was whether the University’s conduct could be attributable to Ukraine under Article 5 (Conduct of persons or entities exercising elements of governmental authority) of the ILC Articles,…
…a stay since it did not apply to non-DIFC seated arbitration agreements, and thus its powers were confined to the bounds of the DIFC Arbitration law without any particular reference…
…agreement, the defendants commenced arbitration proceedings under the Singapore International Arbitration Centre Rules 2010 (SIAC Rules). They successfully applied to the tribunal for an interim order under r26.1 of the…