…apply, the same dispute between the same parties must have been submitted to the local courts before resort to international arbitration and have drawn clear distinctions between contract and treaty…
…of the arbitration. Rather, on the basis of Article 7 PILA, the state court will have to determine the validity of the arbitration agreement. Conversely, under the relatively new Article…
…seems clear that the new SA-Zim BIT gives no signs of having been negotiated by the authors of the recent DTI report. Likewise, on procedural matters, the new SA-Zim BIT…
…Cementownia Tribunal first noted that “there is nothing in the ICSID Convention, Arbitration Rules and Additional Facility which prevents an arbitral tribunal from granting moral damages” (para. 169). However, the…
In two recent decisions, the Swiss Federal Supreme Court rejected petitions for annulment and revision of an arbitral award by the Court of Arbitration for Sport. The decisions highlight the…
One aspect of Chinese arbitration law that is of enduring interest to the international arbitration community is the question of whether Chinese law permits non-Chinese arbitration institutions, such as the…
…venue of the arbitration – in an arbitration clause that provides for arbitration to be conducted in accordance with the ICC Rules – provided sufficient evidence to satisfy the court…
…arbitration clause did not apply to B, because he was not a party to the Sales Agreement and because B did not succeed to the rights and liabilities under the…
…law occasionally attempts to limit the enforceability of arbitration agreements. Such a policy is preempted by the New York Convention as implemented by the Federal Arbitration Act. But there is…
…New York Convention, and the wider importance of keeping the public policy exception within narrow limits. So far, so familiar — courts in developed arbitration centres have good track records…
…Section 1782 unavailable to parties in private arbitration, other U.S. courts have raised the potentially adverse impact of U.S.-style discovery on the arbitration parties’ choice of procedural rules, including limited…
This week the good folks at Kluwer have launched a new blog, Kluwer Construction Blog. According to the press release, Managing Editor of the blog, Sarah Thomas, partner and international…
…hitherto the settlement of international financial disputes has been the almost exclusive domain of diplomacy and, when needed, arbitration. How should the international arbitration community react to such an idea?…
…brunt of such a principle – one wonders if the disclosure of particularly-sensitive information about a foreign investment project would give rise to a BIT arbitration claim? A preliminary question…
…company. Pursuant to the contracts, the parties were to refer any disputes thereunder to arbitration. The Egyptian company initiated arbitration proceedings on October 5, 2001 to settle a dispute in…
…with the international concept of due process. It arose out of proceedings that the Nicaraguan trial court did not have jurisdiction to conduct. During those proceedings, the court applied a…
…arbitral tribunal to be constituted in accordance with the rules of the ICC.” Analysis While breaking little new doctrinal ground, the decision of 6 October 2009 provides an extensive restatement…
…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…
…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…
…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…
…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…
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….
…enforcement will then be stayed provisionally until the ad hoc committee established to hear the annulment request rules on whether to continue the stay. Unsurprisingly, States requesting the annulment of…
…there was a binding settlement agreement. As a result, the tribunal held that it lacked jurisdiction under Article 25(1), ICSID Convention, because there was no longer a legal dispute between…
