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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Dubai – a hub for international arbitration?
…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…
Asia-Pacific, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Legislation
A New Foreign Investment Law in Myanmar
…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…
Umbrella Clause Decisions: The Class of 2012 and a Remapping of the Jurisprudence
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….
Appointment of arbitrators, Arbitration Agreements, Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Hong Kong, ICC Arbitration, Joinder, Set aside an arbitral award, Singapore International Arbitration Centre
Institutional Overreach? Institutional Arbitral Rules versus Parties’ Express Agreement
…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…
David Caron Named New Dean at King’s College London Law School
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…
Shedding Light on the Effective Vindication Doctrine?
…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….
CAFTA, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, NAFTA, Trans-Pacific Partnership
Brewing Storm over ISDR Clouds: Trans-Pacific Partnership Talks – Part II
…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…
Arbitration, Arbitration Agreements, Asia-Pacific, Dispute resolution clause, Enforcement of an arbitration clause, LCIA Arbitration, Singapore International Arbitration Centre
Enforceability of Multi-tiered Dispute Resolution Mechanisms – the Singapore Judiciary’s Promotion of Consensus as a Cultural Value
…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….
ICSID Convention, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Trans-Pacific Partnership
Brewing Storm over ISDR Clouds: Trans-Pacific Partnership Talks – Part I
…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…
A Response To The Critics Of “Profiting From Injustice”
…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…
Dispute Resolution, Investment, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
International Investment Law and Policy: Highlights from 2012
…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…
Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment
Third-Party Funding in International Arbitration – A Menace or Panacea?
…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…
Will the New Year Bring Resolution to the Recurring Ethical Dilemma of How Far to Go in Preparing Your Witnesses?
…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…
Arbitration, Asia-Pacific, Domestic Courts, Domestic law, Enforcement, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized
Arbitration and Administrative Law – When Two Worlds Collide
…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…
The Umbrella That Won’t Open
…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,…
Arbitration, BIT, Damages, ICSID Convention, International arbitration, International Law, Latin America, Manifest disregard of the law
ICSID’s Largest Award in History: An Overview of Occidental Petroleum Corporation v the Republic of Ecuador
…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…
Latest Developments Concerning European Bilateral Investment Treaties
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…
Arbitration, Arbitration Awards, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Domestic law, English Law, Expedited arbitration, ICC Arbitration, ICSID Convention, International arbitration, Investment Arbitration, LCIA Arbitration, New York Convention
Why not give the clients what they want?
…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…
Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data
The International Arbitrator Information Project: From an Ideation to Operation
…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…
Insolvency, Jurisdiction, Jurisdiction of the arbitral tribunal, Law governing the arbitration, Switzerland
Insolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs. Elektrim decision
…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…
ICSID Arbitration: Should a State be Liable for the Conduct of a State University?
…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,…
Arbitral seat, Arbitration, International arbitration, Middle East, New York Convention, Seat of the arbitration
A quick course correction by a DIFC Court on the application of the New York Convention
…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…
Swinging the Pendulum towards Arbitral Independence: A growing Consensus on the Treatment of Interim Orders in Arbitral Proceedings by National Courts?
…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…