…in BITs. Corruption As explained by Ms. Adekoya San, the use of evidence of corruption as a bar to a claim has evolved in international arbitration. From a jurisdictional…
…Webb explained that both States and investors can be under pressure. Taking the example of pollution issues, Mr. Webb explained that where the contract is silent on the matter, the…
…contemplated the near future of the investment arbitration system. Near Future – New ICSID Rules and Regulation of Double-Hatting The panel took the new ICSID Rules and the regulation of…
…and cost-efficient process, taking advantage of the flexibility provided by arbitration rules and practices. Arbitral tribunals should analyze the details of the claims as soon as possible to provide an…
This post continues the coverage of the 1st ICC Argentine Arbitration Day 2023 that is available in Part 1. Panel III – Debate on Economic Sanctions: A High Impact…
…the integrity of the arbitral process. The International Bar Association (“IBA”) Guidelines on Conflicts of Interest in International Arbitration (“IBA Guidelines”) provide disclosure requirements and guidance on evaluating conflicts of…
…shall be heard by the courts competent in accordance with general rules of attribution of objective jurisdiction. For international disputes, general conflicts of laws rules on international jurisdiction applicable to…
…also the home to the likes of Walt Disney, Chevron, and AECOM, all leaders in their respective businesses. And, we are taking steps further, with the advancement of self-driving cars…
…into creating initiatives to harmonize approaches of common law and civil law systems by enacting the UNCITRAL Model Law and the International Bar Association’s soft law rules on procedures catering…
…on the procedural rules and process that they consider most appropriate, including expedited proceedings or recourse to an emergency arbitrator. Effective Arbitration Clauses and Important Pitfalls to Avoid The…
…highest governing body of the Tribunal would be the Committee of the Contracting Parties, empowered to adopt the rules of procedure for the Tribunal and appoint a selection panel (which,…
…to expressly agree in the arbitration agreement on the number of arbitrators, the language of arbitration, the applicable rules of evidence (e.g. the IBA Rules on the Taking of Evidence,…
…flags, in the absence of counterevidence or sufficient evidence to rule out the plausibility of the risk, authorizes arbitrators to apply negative inferences vis-à-vis the suspicion of corruption. Gary…
…one, parties may begin taking steps to prepare, including by conducting a preliminary cost/benefit analysis, gathering and reviewing documents, interviewing witnesses, identifying and meeting with potential experts, meeting to confer…
…Agreement’s MFN clause to import UNCITRAL Rules in other BITs where the Secretary-General of the Permanent Court of Arbitration (“PCA”) is the appointing authority. He has done so on several…
…of a textbook (Rules and Practices of International Investment Law and Arbitration) and of a MOOC, in practice-oriented trainings for professionals, or in masters programs. This post builds on this…
On January 25, 2023 the Grand Chamber of the European Court of Human Rights (ECHR) issued the preliminary decision in the case Ukraine and The Netherlands v. Russia where it…
…argued that Spain’s changes to the regulatory regime breached the fair and equitable treatment protections of the ECT. In particular, Eurus argued that the retroactive changes to the rules breached…
…discussing the new ICSID rules issued in 2022 and noted that ICSID hopes the new rules will bring greater transparency to proceedings. She also discussed several specifics of the new…
…the arbitration (lex arbitri). However, the responsibility for reviewing compliance with European public policy rules lies with the courts of the Member States and not with arbitrators, whether in the…
…parks. In 2015, Novenergia commenced arbitration against Spain in Sweden under the Arbitration Rules of the SCC Arbitration Institute (SCC Case V 2015/063). In the arbitration, Novenergia successfully argued that…
…system. Thus, unless the right safeguards are put in place, parties could theoretically make decisions that breach ethical requirements, such as the destruction of digital evidence, without the opportunity for…
…the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”) against the Republic of Mozambique (the “UNCITRAL Arbitration”). The arbitration was filed under the 2009 India-Mozambique…
…On 22 February 2013, the Swiss company stopped the payments it owed thereafter. Subsequently, the English company initiated arbitration under the Swiss Rules of International Arbitration. By award of 23…
