My previous post described years of apparently intractable debate between two opposing camps of international lawyers about what kinds of economic activity should get international investment protections. This post will…
My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article…
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…
…to review the questions of bribery and international arbitration. Arbitrability of Bribery Claims Traditionally, arbitration was not perceived as an appropriate venue for adjudicating claims of bribery or corruption. The…
…efficient and cost-effective arbitration process. Article 22 creates a positive duty on both the arbitral tribunal and the parties to conduct the arbitration in an expeditious and cost effective manner….
…It was also stated that the body electing the members of the arbitration body supervising and administering the arbitration proceedings must have the legitimacy and acceptance of the arbitration community…
…carefully addressing the issue of domestic implementation of treaties following Medellin. The dispute settlement mechanisms in the treaty are not self-executing and any arbitration award rendered pursuant thereto must be…
The CIArb’s Survey into the Costs of International Arbitration has now been published. It’s a fascinating survey worthy of study and discussion. Here’s a brief summary of some of the…
…whether the parties to an arbitration agreement have to refer their dispute to ad-hoc or institutional arbitration; and (ii) as regards institutional arbitration, which institution a dispute must be referred…
In keeping with the popular saying that ‘a bad settlement is better than a good lawsuit,’ it is not unusual for parties in an arbitration to suspend the proceedings and…
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
As discussed by Paul Friedlandhere, on September 12, 2011, the International Chamber of Commerce issued its revisedRules of Arbitration. The new rules, which update the 1998 Rules and will take…
…the right of parties to call witnesses. The arbitration which gave rise to the decision was between the Jamaica Football Federation and its former coach, Bora Milutinovich (the published judgment…
…Arbitration Blog, 16 July 2010 (https://wolterskluwerblogs.com/blog/2010/07/16/more-on-corporate-criticism-of-international-arbitration/) “A recent study of the Corporate Counsel International Arbitration Group (CCIAG) found that 100% of the corporate counsel participants believe that international arbitration “takes…
This month marks two interesting developments in arb/med. First, as Kluwer wants you to know, they have added a mediation blog in addition to the arbitration blog. Well, it’s about…
At the Herbert Smith Singapore Management University Asian Arbitration Lecture delivered by Michael Hwang SC on 4 August 2011, Hwang SC discussed incisively issues concerning the enforcement of arbitral awards…
…methodologies for the exploration and consideration of international arbitration and transnational dispute resolution; (6) The interactions among scholars, practitioners, government officials and civil society groups active in international arbitration; (7)…
…raised one affirmative defense, but made no reference to the arbitration provision. On February 23, 2009, Citibank sent Stok a letter electing arbitration. Stok rejected Citibank’s election, so Citibank filed…
…monies could not be obtained from a contractual counterparty by means of enforcement proceedings in the host State, ‘arbitration without privity’ could provide an exciting (and hitherto unavailable) alternative of…
…to use better? * Why you cant go into arbitration with the government? * The type of things should companies be putting into their contracts before agreeing to deals etc…
…not operate as a bar to arbitration seated in Hong Kong, and is unlikely to affect the supervisory jurisdiction of the Hong Kong courts over arbitral proceedings.) One of the…
…the arbitration and a direction that the tribunal continue proceedings in Kuala Lumpur. THE SCI’S DECISION Had the seat of arbitration changed? As English law governed the parties’ arbitration agreement,…
If you’ve been watching the headlines this month, you may have noticed that the United States of America has launched a novel arbitration against the Republic of Guatemala. The claim…
…international scenario, a number of institutions have embarked on advocacy training exercises, for example the Foundation for Advocacy in International Arbitration (FIAA) and the Dubai International Arbitration Centre (DIAC). Learning-by-doing…
