…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…
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…
…automatically. Article 28.6 of the ICC Rules and Article 26.9 of the LCIA Rules provide that the parties by agreeing to arbitration under the respective Rules waive their right to…
…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…
…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…
…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…
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…
…international minimum standard by allowing future tribunals to create new standards when the situation demands so that justice may be done for the foreign investor, who suffers unfair treatment at…
…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…
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…
…new rules of customary international law in the future. By their very nature, customary rules evolve over time. The repetitive enunciation of some of the standards of protection existing under…
…the Arbitral Tribunal had wrongly relied on contractual terms and legal provisions that were not pleaded and whose application came as a surprise to the parties and consequently violated the…
…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,…
…Arbitration Act 1996 (“the Act”), which reflects Article V.1(a) of the New York Convention. The decision raises issues as to the English courts’ discretion to refuse recognition of a New…
…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…
…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…
…has been suggested in Swedish legal doctrine that the parties, under certain circumstances, may have implicitly agreed that the arbitration agreement shall cease to be effective. In a recently reported…
…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…
…outer limits of ICSID jurisdiction. Decision at ¶ 107. It observed that, on a deeper level, is was “not persuaded that there is anything in the rules of treaty interpretation…
…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…
