…a result, the bank initiated an ICC arbitration against the guarantor based on the arbitration clause in the Extension. During the arbitration, the bank transferred its receivable to a third…
As part of 2023 Paris Arbitration Week (“PAW”), Curtis hosted a webinar on “Affaires d’Etats: Abusive Claims Against States and How to Fight Them”. This was the second edition in…
…well established under lex sportiva through various cases. Court of Arbitration for Sport (CAS) jurisprudence has consistently upheld the principle that the sporting successor of a former club can be…
…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…
…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…
…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. …
…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…
…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 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…
…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….
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…
…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)…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
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…
…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…
