…that arbitration is an exceptional dispute resolution method: “an arbitration agreement is an exceptional arrangement whereby its parties opt for arbitration rather than litigation before the ordinary courts of law….

…are regulated by the International Commercial Arbitration Law (Arbitration Law). ICAC was set up already in 1992, before the Arbitration Law that regulates it was passed in 1994. Setting up…

The 18th Annual ITA-ASIL Conference, hosted virtually for a half-day on March 23, 2021, discussed ongoing efforts at ICSID and UNCITRAL Working Group III to reform investment arbitration. José Alvarez…

…Hague after nine years of PCA-administered arbitration and six years of setting aside litigation. Advocate-General Vlas had previously advised the Dutch Supreme Court to reject Russia’s request for suspension of…

The Institute for Transnational Arbitration (ITA) hosted an oral history session with The Hon. Gabrielle Kirk McDonald, interviewed by Prof. Victoria Shannon Sahani. The session, held on March 22, 2021,…

…  COVID-19 Patents as an Investment A threshold jurisdictional issue that the Vaccine Developers will face in investment treaty arbitration is whether they have made an investment on the territory…

…Regarding Intra-EU ECT Arbitration By applying the reasoning developed by the CJEU in Achmea, AG Szpunar concluded that intra-EU ECT arbitration was incompatible with EU law (para. 79). He opined…

…of limitations for asserting any claim through investment arbitration. Claims arising from covered investments, however, are exempted from this limitation and can be brought directly before an arbitration tribunal. Fourth,…

…Law Governing the Arbitration Agreement Enka was a subcontractor for the construction of a power plant in Russia. The applicable contract contained an arbitration agreement for ICC arbitration with its…

…earlier disputes, and which provided for resolution of disputes by arbitration in Zurich, in accordance with ICC Rules. PASL invoked arbitration in 2017, claiming damages of about USD 175 million,…