…favourable than the France-Mauritius BIT, which did not contain consent to international arbitration. The tribunal considered that “[the] purpose of the ejusdem generis rule is to prevent a State, via…
…endeavors to show the cornerstones of the new arbitration procedure as well as to highlight some possible weak points of this reform. Lost Art Arbitration – The Next Step…
…petitioned for turnover of this apartment in partial satisfaction of two judgments derived from arbitration awards against the Republic of the Congo. But in May 2023, the court dismissed this…
In investment arbitration, it is widely recognized that to benefit from the protection of an investment treaty, the investment must be legal. Tribunals assess this legality either because the treaty…
…path to enforcing arbitration awards against the sovereign states. Shifting Away From Settling Investment Disputes in International Arbitration Centres to Regional Arbitration Centres The robust protections offered by the…
…Final Award, ICC International Court of Arbitration Bulletin Vol. 1, No. 2 (1990); Gary Born, International Commercial Arbitration (Kluwer Arbitration Law, 2021) 1531 – 1599. Virtually no national arbitration legislation…
…willing to bear the risks associated with the outcome of an arbitration dispute and the potential uncertainties around enforcing an award. The financialization of international investment arbitration is also leading…
…the principle of Kompetenz-Kompetenz. This doctrine, foundational in international arbitration, empowers arbitral tribunals to rule on their own jurisdiction, including disputes over the existence or validity of the arbitration agreement…
…defining the term: the Arbitration Act, 1940 (“the 1940 Act”), Pakistan’s domestic arbitration law which is still in force, is silent about the definition of the term public policy. The…
…the context of international arbitration, has long been a source of conceptual ambiguity and practical disagreement. Despite its critical impact on damages calculations or valuations, there remains no uniform approach…
…the EU’s sanctions against Russia and the one of the U.K.’s sanctions against Russia since February 2022), contributing to a proliferation of arbitration proceedings between Russian entities and their contractual…
…tradition of international arbitration was further strengthened by the adoption of the UNCITRAL Model Law in 2017, introducing a modern and user-friendly arbitration framework. In addition, efficient institutional arbitration bolsters…
…Arbitration Centre (MIAC), Kigali International Arbitration Centre (KIAC), and Lagos Court of Arbitration are some of the leading arbitration centres on the continent. They had a significant role and place…
…Court of Arbitration of the International Chamber of Commerce (ICC), and the Milan Chamber of Arbitration (CAM). This second annual collection offers valuable insights into developing practices in international arbitration….
…against arbitration, the time and cost savings envisioned in the SIAC Insolvency Protocol would appear sufficiently persuasive for a court to lean towards arbitration and away from insolvency. However, even…
…parties and the SIAC. Background On 24 June 2024, the Defendant filed a notice of arbitration (“NOA”) against the Claimant under the Singapore International Arbitration Centre Rules 2016 (“SIAC…
…its significance, the application of the PDPA in arbitration remains uncertain. Tanzanian arbitral institutions, such as the Tanzania Institute of Arbitrators (TIArb) and the Tanzania International Arbitration Centre (TIAC), currently…
This is the second post in ICCA’s series of posts focused on international arbitration in Africa in the lead up to the ICCA-KIAC joint conference “Africa & International Arbitration: Untold…
…elucidation (i.e., explanatory note) of Article 37 (1) of the Arbitration Law, the “place of arbitration” determines the law applicable to the arbitration, though this provision has no bearing on…
On 19 February 2025, a panel of arbitration experts gathered in New York to explore how emerging technologies—particularly artificial intelligence (“AI”)—are reshaping international arbitration. The discussion, titled “From Today to…
…arbitration and international disputes landscape. The Role of Critical Minerals in Today’s Economy Critical minerals lie at the heart of sustainable development and the transition to a renewable global…
…international arbitration and their commitment to upholding the arbitration agreements. Allowing a distinct legal framework for the arbitration clause respects the parties’ intent and autonomy, ensuring that disputes are managed…
…treaty arbitration under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China concerning the Promotion…
…of its obligations under Article 13(1) of the Energy Charter Treaty. Russia commenced proceedings in the Netherlands to set aside the Awards, arguing that there was no arbitration agreement between…
