Early Determination: A Secret Recipe for Arbitral Efficiency?
…first made its presence in arbitration through Rule 41(5) of the 2006 ICSID Arbitration Rules (now found in Rules 41 and 43 of the amended ICSID Arbitration Rules (2022)). This…
Search Results for: efficient arbitration
What is the Role of Countermeasures in ISDS in the Context of the War in Ukraine?
…through countermeasures cannot subsist. The bar on resort to countermeasures is not absolute: until investors and host States have consented to arbitration (i.e., when a specific arbitration is initiated), countermeasures…
ECT Modernisation Perspectives: Revamping International Investment Law: A Comparative Look at Substantive ISDS Reform in the ECT and Beyond
…presents a topical analysis of these treaties, focusing on key definitions in investment treaties, their approach to investment arbitration, standards of protection and, sustainability and the environment in ISDS. …
ECT Modernisation Perspectives: Big Shoes to Fill? Governing Foreign Energy Investments in an Energy Charter Treaty Lacuna
…host state were to violate such protections, the ensuing energy investment dispute would likely be resolved by the host state’s courts or through arbitration (subject to the parties’ consent). Domestic…
ECT Modernisation Perspectives: No Winners: The Long End of the ECT Modernisation Process
…investor protection and investment arbitration in recent years. It has shaped the debate on intra-EU investor-state dispute settlement (ISDS) and – due to its focus on the energy sector, including…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 1 (2022)
…the United Arab Emirates (UAE) boasts of a rich history of institutional arbitration. Nevertheless, leading international arbitration surveys from the last decade reveal that arbitral institutions in the UAE are…
India at the Tipping Point to Welcoming Foreign Law Firms? How Do New Rules Affect Foreign Arbitration Lawyers?
…and here.). The country has made a concerted effort to improve its standing as a pro-arbitration jurisdiction, starting from the amendment of the Arbitration and Conciliation Act 1996 in 2015….
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 4 (April 2022)
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
Columbia Arbitration Day 2023: Arbitration Beyond the Box – New Innovations & Perspectives
…by observing that the key questions faced by a judge when a party seeks to resist arbitration are: (i) is there an arbitration agreement; (ii) who does it bind; (iii)…
Dubai, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UAE
Dubai Court of Cassation’s Recent Decision on Enforcement of Foreign Awards
…award debtor company to the arbitration agreement. In contrast to the above-mentioned pro-arbitration decisions, a recent judgment of the DCC reveals the very opposite. In Case No. 790 of 2022…
Climate change, ECT Modernisation, Energy Charter Treaty, Environment, International Investment Law, International Law, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform
Climate Change and International Investment Law: What Are the Challenges and Uncertainties? Arbitration practitioners’ reflections at the 8th EFILA Annual Conference
…Of course, the cost of these initiatives will also factor in the cost of capital. B. Rockhopper and the Role of ECT arbitration in Supporting Climate action In the context…
Multiculturalism in International Arbitration: A Hard Knock Lesson or a Renegade Decision?
…efforts such as the Equal Representation in Arbitration Pledge. Most recently, arbitral institutions such as the Belgian Centre for Arbitration and Mediation (CEPANI) and the Scottish Arbitration Centre (SAC) have…
The ISDS Reform Process: New Perspectives on the Issues under Debate
…Group, covering ethical, procedural, substantive, and institutional issues that span the entirety of the arbitration process. The Issue begins with a contribution by Olof Larsson, Theresa Squatrito, Øyvind Stiansen, and…
“I love my job”: An Ode to SCC Emergency Arbitration
…arbitration to obtain a “streamlined proceeding with a predictable price tag”. This post explores how emergency arbitration under the 2023 SCC Rules operates, including to draw from the authors’ experience…
Studying International Investment Treaties and Investor-State Disputes through a Central Asian Lens
…Hot Topics in Investor-State Disputes in Central Asia and hosted by The George Washington University (‘GW’) Law School’s International and Comparative Law program and the GW Law International Arbitration Students…
2023 Petersberg Arbitration Days Recap: “Out of the box” – What Arbitration Can, Should, and Must Learn From Neighbouring Sciences
…Economic Analysis of Arbitration With an impressive lecture on an economic analysis of arbitration, Prof. Gerhard Wagner (Humboldt University of Berlin) opened the conference day, initiating the discussion on the…
Arbitration, Latin America, Mediation, Mediation and Dispute Management, Mediator, Technology, technology industry
UNCITRAL and ALARB Conference on “Dispute Resolution in the Digital Economy”
…in Arbitration,” was moderated by Andrés Jana (partner, Jana & Gil Dispute Resolution). The panel began with Eduardo Zuleta’s (Arbitration Chambers) reference to the general rule in arbitration involving the…
Energy Arbitration and Japanese Companies: Recent Experience and Emerging Trends
…arbitration against the Australian-US consortium subcontracted to build a power plant for the Ichthys LNG project. Further, in August 2022, Inpex filed a US$970 million arbitration claim against Daewoo Shipbuilding…
Third Party Funding in Litigation and Arbitration: A Dichotomy in China’s Practice
…arbitration. In addition, China values the utility of third-party funding in promoting the use of arbitration, as it enables indigent parties to initiate arbitration proceedings. Most importantly, given the legal…
Kyiv Arbitration Days 2022: How to Enforce against the Russian Federation?
Although the COVID-19 restrictions have been lifted almost everywhere and in-person events have returned to full swing, Kyiv Arbitration Days 2022 (KAD), the most famous Ukrainian arbitration event, was still…
Caribbean, Challenge of Arbitral Award, Public Interest, Set aside an international arbitral award, Trinidad & Tobago
Judicial Intervention in Trinidad Award Considered: Crossing the Line?
…under several IPCs starting with IPC 50. NIDCO then purported to terminate the Contract based on Clause 15.2(b). OAS submitted a Request for Arbitration based on the arbitration agreement in…
BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela
The Venezuela-Colombia BIT: An Original Development of Uncertain Impact
…even when an arbitration has already been launched (art. 13.b). International arbitration The dispute resolution clause of the Treaty does not come with big surprises. Predictably, dispute resolution between…
In Praise and Criticism of Arbitration as a Means of Resolving ESG Disputes
…they underscore arbitration’s strengths in resolving ESG disputes. Arbitration Depends on Party Consent Arbitration has been dismissed as a means of resolving ESG disputes on the basis that ultimately…
Colombia’s Supreme Court of Justice: Recent Decisions on Recognition and Enforcement of Foreign Awards
…and enforcement of foreign awards in Colombia is undertaken below. Colombia’s Arbitration Statute – Law n. 1563 of 2012– (“Law 1563” or the “Arbitration Statute”) establishes that domestic awards –…