…Tribunal concluded that “the claimant’s initiation and pursuit of the arbitration [was] an abuse of the system of international ICSID investment arbitration”, it did not do not go so far…
…legal relationship between private entities. It found that as the validity of the consultancy agreement was already contested before the Sole Arbitrator the new evidence was not triggered by the…
…expanding or contracting the rule depending on whether the situs of the arbitration is New York, London, Paris, or Geneva. The recommendations follow a transnational approach, which appears to represent…
…instance decision to refuse enforcement under the English Arbitration Act 1996 (the “Act”) of an ICC award against Pakistan on the basis that the arbitration agreement was ‘not valid’ for…
…Rules ( https://www.cietac.org.cn/english/rules/rules.htm) and the Concerns Raised at the Conference: The 2005 Rules have brought CIETAC arbitration more in line with the procedures provided for by the rules of the…
…objector” principle is one “which States and scholars regard as central to the legitimacy of an international legal order governed by rules of customary international law.” For those looking for…
…of development of relevant custom rules in the field of international investment law. It is nonetheless largely agreed today that some rules of customary law have emerged. For instance, one…
…Energy International objected to the nationalization of a pipeline company in that country, AEI simply opted to bring an arbitration to the Arbitration Institute of the Stockholm Chamber of Commerce….
…involved in ongoing legal disputes – BG with a private party, BP with the Czech fiscal authorities. The Czech Republic challenged the jurisdiction of the Tribunal on the basis that…
…Petrobangla provided for arbitration under the ICC Rules with Dhaka, Bangladesh as the seat of arbitration. A dispute arose and Saipem began an arbitration. During the arbitration, the ICC Tribunal…
…contempt proceeding in US courts, arising from enforcement of an arbitration award in arbitral proceedings seated in New York under UNCITRAL rules brought by a Norwegian company (Telenor) against its…
…agreements. At least for those foreign computer makers with production and distribution facilities in China, will the new measures by China operate as restrictions on investments (rather than upon cross-border…
…to cope with the pace of change. Although the landscape has changed dramatically in recent decades, the arbitration rules and practice remain largely the same. Arbitrators are authorized under existing…
…Both in state courts and arbitration, clerks render legal services and may have a consultative vote. They are part of the tribunal/court and, in case of arbitration proceedings, exercise “functions…
…arbitration falling under the New York Convention, abstention principles are not available because courts of both countries have a mandatory treaty obligation to refer the case to arbitration, unless there…
…arbitration. Brazilian lawyers have been involved with arbitration proceedings as counsels and as arbitrators. What else does Brazil need to become one of the major players in the arbitration world?…
The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has recently proposed the inclusion of an “Emergency Arbitrator” procedure in the SCC Rules (see Draft New Rules with Notes)….
…those that are primarily tax-driven-but it otherwise is here to stay. By Dr. Pieter H.F. Bekker, Partner & Head of Public International Law, Crowell & Moring LLP, New York City…
…highly topical issue in light of the ICSID arbitration proceedings commenced by the Swedish energy giant Vattenfall A.S. against Germany, and possibly increasingly important as numerous investors in Western European…
At first glance, the Alien Torts Statute (ATS) doesn’t have a lot to do with arbitration – which may explain why Roger Alford wrote about it over on Opinio Juris,…
…Arbitration Rules. The decision is to some extent explained by Insigma’s conduct in the matter. When Alstom initially commenced an ICC arbitration, Insigma objected to the ICC’s jurisdiction, arguing that…
…international arbitration rules, such as the ICC Rules of Arbitration, leave the decision on costs entirely to the discretion of the arbitral tribunal.** And because the approach to the recovery…
…very narrow sense. The Court of Appeal noted that, notwithstanding the inapplicability of the arbitration exclusion, a party may still apply under section 9 of the Arbitration Act 1996 for…
…takes to survive. However, the pursuit of survival imposes profound costs on the legal process by undermining the general transition from a power-based to a rules-based system of international relations,…
