…Robert Spano – a former President and Judge of the European Court of Human Rights (ECtHR) – and focussed on the new frontiers faced by investor-state arbitration (ISDS), namely reconciling…
…blog post in 2021. This post will examine the progress made in investment arbitration cases and related proceedings involving Ukraine in 2022 and assess the prospects of new cases. As…
…is, for instance, the case of the BAC investment arbitration rules). Another viable approach is the one adopted by the 2022 ICSID arbitration rules, which grant the tribunal – not…
…of Canada’s financial district, in downtown Toronto, Canada has a fully integrated world class arbitration center, Arbitration Place (I am a member of Arbitration Place). It was founded 25 years…
…a number of victims are seeking to initiate court and arbitration proceedings against the Russian Federation for the caused damages. “Russia will pay” project reports that as of September 2022,…
In our 2021 in Review post, we predicted that 2022 would not disappoint; it would be another busy year with several investment arbitration-related developments in the European Union (EU). In…
…Centre launched its new Rules of the Scottish Arbitration Centre 2022, which contain specific provisions on ‘Equality, Diversity and Neutrality’. Article 8.1 provides that “[i]n proposing or appointing any arbitrator…
…passed by emergency arbitrators under institutional arbitration rules are recognised and can be enforced under the Indian Arbitration Act. This is the first India-seated arbitration where the Indian Supreme Court…
…Arbitration Day was thus a timely occasion for insightful and thought-provoking discussions aimed towards “Making Sense of a Changing World: Energy and Construction Dispute Resolution in a Sustainable Future.” The…
…African nation to have taken steps in improving its arbitration legal framework. In May 2022, the Nigerian legislature passed the Arbitration and Mediation Bill. When it is signed into law…
…consideration in the constitution of the arbitral tribunal. Pertinently, the amended ICC Arbitration Rules, which came into force from July 2021, included a new provision, i.e. Article 12(9), expressly adopting…
…main developments in Swiss legislation and arbitration rules (Supplemental Swiss Rules and CAS Code). Arbitrator’s Independence and Impartiality a) Replacement Where Objectively Established Circumstances Give the Appearance of Bias…
…190a(1)(b) PILA (award influenced by a criminal act). The SFSC first clarified that the new provisions of PILA also apply to arbitration agreements concluded before 1 January 2021 and that…
…the Pharaon case, where it recalled that its control “does not aim at ensuring that the arbitral tribunal has properly applied legal provisions” and would rather extend to the application…
…large, gained little traction in legal proceedings, a multitude of researchers and start-ups are competing to develop a new generation of “lie-detecting” technologies using advances in artificial intelligence (AI) and…
The year 2022 saw French and Dutch courts upholding arbitration awards which condemned Russia for breaches of the 1998 BIT between Russia and Ukraine (“Russia-Ukraine BIT”) through actions in the…
…existence of an arbitration clause, courts have generally referred parties to arbitration (e.g., in Bermuda, Hong Kong, New Zealand), thereby reaffirming the principles of competence-competence and systematic referral. A notable…
The past year has seen several victories for Canada on the ISDS front, a conclusion of a decade-long NAFTA arbitration, and much more. If 2022 is any indication, readers will…
…Arbitration Court as the administering institution. Thus, the arbitral tribunal ruled that the HCCI Arbitration Court shall administer the arbitration under its own rules, while the ICC Rules, to the…
…Agreement seeks to define investment protection standards in clearer terms. This would be beneficial from a legal certainty perspective, as, for instance, a breach of the FET standard would only…
…(para. 183). It then had to determine itself what made an arbitration agreement “inoperative”. It turned to arbitration authorities and determined the term to cover arbitration agreements that are technically…
…to respect human rights related to due process, access to justice, and improved dispute resolution. For example, the new rules establish, inter alia: a new expedited arbitration procedure; a revised…
…these issues from a legal perspective and particularly as it relates to developing and capital importing states. Our module therefore examines the nature of international investment and its legal regimes;…
…under the ICSID Convention and Rules, leading to an ICSID Convention award enforceable in Ireland under s.25 Arbitration Act, with High Court leave. Other claims lead to a New York…
