…to various benefits. Arbitration was initiated (Arbitration No. 1) and Hederstierna submitted a number of prayers for relief. Hederstierna’s prayers for relief included requests for the Tribunal to order the…
…a stay on a $128 Million arbitral award. US energy company, Sempra, won its arbitration with Argentina in 2007, when arbitrators ruled that measures taken by Argentina in response to…
Article 25 of the ICSID Convention, which draws the outer limits for the exercise of ICSID jurisdiction, does not define the concepts of “nationality” and “investment.” Aaron Broches, the principal…
…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…
In the same arbitration proceedings, the Swiss Federal Supreme Court had to decide twice -albeit based on different grounds – whether facts discovered after the issue of an award (so…
I have been reading with interest the ILA’s Final Report and Recommendation on Res Judicata and Arbitration adopted at the 2006 Toronto conference. Recommendation 2 provides that: The conclusive and…
…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…
…of China as an investment – and consequently an arbitration – destination, Freshfields Bruckhaus Deringer’s Cologne office recently hosted a conference on Chinese arbitration for German practitioners and members of…
…ongoing discussion in the Grand River Enterprises v. USA NAFTA arbitration, as to whether there is an “emerging” customary international law norm which requires States to “pro-actively consult” with “First…
…The argument was for the first time raised in the recent 2007 case of BG Group v. Argentina. BG Group Plc (BG), a U.K. company, commenced arbitration proceedings alleging that…
…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….
In a decision rendered on April 15, 2009, a three-member tribunal composed of Brigitte Stern as chairperson, Andreas Bucher and Juan Fernandez-Armesto rejected Phoenix Action Ltd’s (“Phoenix”) claims against the…
…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…
One of the benefits of international commercial arbitration is the ability to resolve disputes between the parties in a single, neutral forum that gives neither party a “home court advantage.”…
…be reported in the latest edition of my newsletter, Investment Arbitration Reporter, there have been some very notable recent developments in the use of these Chinese investment treaties in the…
As international arbitration becomes ever more sophisticated and complex, one wonders whether it will continue to have the institutional capacity to address its protean tasks. Claims in the billions of…
…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…
…did not prevent a federal court from deciding a motion to compel arbitration under Chapter 2 of the Federal Arbitration Act. Answers in Genesis of Kentucky, Inc. v. Creation Ministries…
…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?…
…to an SCC user survey conducted in 2008, 82% of counsel active in SCC arbitration believe that interim measures should be available from the initiation of the arbitration. It was…
On May 4, 2009, the Obama administration proposed far-reaching measures designed to curb the tax benefits enjoyed by U.S.-based multinational corporations with offshore operations. Based on 2004 figures, those corporations…
…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,…
In a judgment dated June 2, 2009, the Singapore Court of Appeal has upheld a “hybrid” arbitration clause which provided that all disputes should be resolved “by arbitration before the…
