Federal Tribunal Revises Award Influenced by Fraud
…to French law and provided for ICC arbitration in Geneva. Article 10 of the Contract provided that it was concluded intuitu personae and could not be transferred to a third…
Search Results for: efficient arbitration
Another misapplication of MFN? Tza Yap Shum v. The Republic of Peru
…submission to investor-state arbitration in Art. 8(3) reflected the parties’ agreement on two fundamental issues–agreement to submit expropriation disputes to ICSID arbitration and that specific agreement would be need to…
Arbitration Awards, Arbitration Proceedings, International Courts, Investment Arbitration, Jurisdiction, North America
The “difference without a distinction” strikes again in Glamis Gold: notes on the persisting confusion of preliminary objections to “admissibility” with objections to “jurisdiction” in investment disputes
…the context of the inter-state disputes before the International Court of Justice, but more recently in the investor-state arbitration context. The confusion that has emerged in investment arbitration might be…
A decision based on a written submission of a third party does not violate the right to be heard if the parties to the proceedings had enough time to comment on it
…the Complainant that it was not in a position to intervene in this matter. The Complainant appealed to the Court of Arbitration for Sport (“CAS”) against FIFA’s letter of 12…
Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Enforcement, Europe, New York Convention
Recognition and enforcement of annulled arbitral awards – the Yukos Capital decision
…of the International Court of Commercial Arbitration (ICAC) with the place of arbitration in Moscow. Rosneft’s request that the four awards be set aside was upheld on three occasions by…
Miley Cyrus and Susan Boyle
International arbitration is an odd world of the elite and pampered celebrities and the quiet and unassuming masses. On the one hand there is the glamorous world of investment arbitration….
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Investment Arbitration
Should States be required to post a security as a condition for the stay of enforcement of an ICSID Award during Annulment Proceedings?
Earlier this year, the ICSID ad hoc committee in the Sempra v. Argentina annulment proceedings decided to continue the stay of the enforcement of the tribunal’s award in that case…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Investment Arbitration, Jurisdiction
A cautionary tale of settlement negotiations: Azpetrol v. Azerbaijan
…principle settlement of the arbitration. The parties have therefore agreed an immediate procedural standstill until close of business in London on 31 December 2008 in order to finalise the in…
The Swiss Rules of International Arbitration – Five Years of Experience
…based on the well-known UNCITRAL Arbitration Rules and that they were adapted to institutional arbitration and modified to reflect modern practice of international arbitration. For instance, the Swiss Rules contain…
Chevron goes all-in against Ecuador; New claim reflects latest BIT usage
For those wondering what the state of the art looks like in the realm of bilateral investment treaty arbitration, you could do worse than browse the Notice of Arbitration filed…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Enforcement, Europe, Legal Practice, National Arbitration Laws
Section 69 and the “Interventionism” of English Courts
There is a lingering perception amongst the international arbitration community that English courts tend to be more interventionist in relation to arbitration proceedings and awards compared to some of their…
Judges, Arbitrators, and the Secondary Functions of Adjudication
…arbitration, it conflicts with the certainty, regularity, and public orientation often demanded by key constituencies of investment treaty arbitration. For example, consider the perspectives of foreign investors. While courts have…
Gifter’s Remorse: The Beaverbrook Art Gallery arbitration
…in 2004 to settle their differences via an arbitration proceeding presided over by a retired Justice of Canada’s Supreme Court. The arbitration was conducted under the New Brunswick Arbitration Act…
When is an arbitral award final?
…protect those participating in arbitration. Provided that such safeguards are appropriately limited, they may in fact operate so as to raise confidence in arbitration – particularly for those who are…
Recent ICSID Decision Confirms High Standard For Preliminary Objections To Claims That Are “Manifestly Without Legal Merit”
In 2006, the ICSID Arbitration Rules were amended to allow a party to make a preliminary objection to claims that are “manifestly without legal merit.” The procedure for this objection…
The legitimate expectations of the… arbitrators!
In modern treaties, a fair and equitable treatment standard (hereinafter “FaETS”) is to be provided to foreign investors and investments by the host state. In the past, the FaETS had…
A Snapshot of ICSID Arbitrators in Pending Cases
…the ICSID Convention for these proceedings, each is considered separately below. 3. Original Arbitration Proceedings A review of the 108 pending original arbitration proceedings reveals that tribunals have been constituted…
Regulating Fraud in International Arbitration
The recent ICSID arbitration award in Europe Cement Investment & Trade S.A. v. Turkey raise interesting questions of how to regulate fraud in international arbitration. Here is the key holding…
Are BITs Representing the “New” Customary International Law in International Investment Law?
…noteworthy that the proposition that customary law is coterminous with BITs has been explicitly rejected by States. This is clearly the case in the context of NAFTA arbitration where unambiguous…
Iura novit curia – the right to be heard (decision of the Swiss Federal Supreme Court as of 9 June 2009 – 4A_108/2009)
…and the removal of the charging system. The Swiss company refused to do so and subsequently introduced ICC arbitration proceedings against the Hungarian Company for payment of the outstanding purchase…
Eleventh Circuit Troubled By Choice of Law Not Choice of Arbitration In Thomas v. Carnival
…arbitration agreements where foreign (non-US) law is the governing substantive law. The Eleventh Circuit also mistakenly references Article V of the New York Convention in its discussion of arbitration agreements,…
Enforcement of International Arbitral Awards in England and the New York Convention
…decision greater deference warrants further consideration. At the least, however, Dallah highlights a possible divergence between the apparent pro-arbitration and pro-enforcement attitude of English law to arbitration, and the reality…
Sweetener arbitration news tends to come in small serving-sizes
…that NAFTA arbitration. Moreover, it could be some time before the text of the Aug 18, 2009 damages award is published, owing to lengthy back-and-forth discussions on the redaction of…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Investment Arbitration, Legal Practice, Public Policy
Is Arbitration Changing?
…world, more than ever, voices its concerns about efficiency of the arbitration services, value for money and quality of services rendered by arbitrators, arbitration lawyers and arbitration institutions. The lion…