…steer claimants to ICSID arbitration, unless it is unavailable. Indeed, when a Canadian company, Nova Scotia Power Incorporated (NSPI), opted for PCA arbitration in 2008, a unanimous tribunal declined jurisdiction…
…Commerce arbitration awards against the Democratic Republic of Congo (the ‘DRC’) and attempted to enforce those awards against Gécamines, a DRC state owned corporation and its Jersey-based assets (to the…
…such as: – the lack of proper jurisdiction of the tribunal at the place of arbitration; – the deficient issuance of the arbitral award at the place of arbitration; –…
…a request for consultation or notice of an investor’s intention to initiate arbitration proceedings, it shall notify the member state concerned. Immediately after receipt of a notice of arbitration, the…
…own hydro-electric project. The tribunal for this arbitration – referred to as the Court of Arbitration under the treaty – was the first ever constituted under the Indus Waters Treaty,…
…looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international arbitration niche, investor-state arbitration. Unfortunately,…
…award. The purpose here is to examine the issues in light of modern international arbitration law and practice as well as most recent relevant domestic case law on arbitration and…
…proposed options are not acceptable. Arbitration is only admissible under ABCD rules, in [city of customer]. Please confirm by COB today you will withdraw your exception to the arbitration clause…
By Martin Hunter and Javier García Olmedo In a previous blog we discussed the concept of plain packaging of tobacco products and the pending investment arbitration claims brought by Philip…
…dispute actually referred to arbitration; V. – the arbitration procedure was not in keeping with the arbitration commitment or the arbitration clause; and VI. – the arbitration award is still…
…by a sole arbitrator on the basis of an arbitration clause referring to DIAC [Dubai International Arbitration Center] arbitration provided in the sale agreement of a unit entered into with…
…national arbitration or under the one governing international arbitration. The grounds for annulment of arbitral awards in Belgium are laid down in Article 1704, 2, of the Belgian Code of…
…evidence located in the United States for use in an arbitration seated in another country. Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., No. 11–12897, 2012 WL 2369166,…
…a private commercial arbitration tribunal in Ecuador used by the parties to resolve a commercial dispute is a ‘tribunal’ for purposes of the collection of evidence pursuant to Title 28…
…and domestic claims to litigation and more complex and international matters to arbitration. When asked which are the most important factors for choosing arbitration, the expertise of the decision maker…
Confidentiality is often a distinguishing reason why users choose arbitration over court litigation. In a 2010 International Arbitration Survey on Choices in International Arbitration, 62% of respondents said confidentiality was…
…number of supposedly ‘pro-arbitration’ states is whether or not an arbitration award that has been set aside by the national courts at the seat of the arbitration can then be…
…civil society groups active in international arbitration; and • The consideration of international arbitration’s commercial impact, including implications of cost, the net value of arbitration and the opportunities to build…
…negotiating parties. These include Australia’s reluctance to include investor-state arbitration; Singapore and Vietnam’s hesitancy regarding stronger disciplines for SOEs; Vietnam’s concerns with textile rules of origin; and broad opposition to…
…Law (“UNCITRAL”) is developing procedural rules on transparency for treaty-based investor-State arbitration, providing an important opportunity to promote transparency in investment arbitration. Background The NAFTA, as drafted, does not expressly…
…I think of international commercial arbitration. In the United States this kind of arbitration is a specialist practice, where arbitrators are often “commercial [people],” disputes often involve practices known only…
…York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is incorporated into U.S. law via Chapter 2 of the Federal Arbitration Act. In turn, the Foreign Sovereign…
…arbitration ex post, when respondent States are already midstream into the arbitration. However, there is nothing under the 2012 US Model BIT or the 2010 ASEAN-Australia-New Zealand FTA that requires…
I have just published an article in the Utah Law Review that I wanted to flag for our readers. For the international arbitration community the article is relevant because it…
