…arbitral process. This report was the result of the kind invitation made by the AMCHAM-Peru Arbitration Center in my capacity as member of its international arbitration list of arbitrators….
Whenever litigating against states or sovereign entities – or international organisations for that matter – outside of their home jurisdiction there is a roadblock to consider: immunities. On closer inspection,…
…would prevent the German Government from signing the termination agreement in order to preserve its rights resulting from the arbitration award, which awarded Achmea more than €22 million plus interest…
…Electricity Institute (ICE), a state-owned company that exclusively manages the electricity system in the Central American country. The arbitration The arbitration was conducted under the 2014 International Centre for…
…closed the way to international arbitration and went beyond the tribunal suggestions. It is worth reminding that Article 20 of the 2012 Investment Code provided for arbitration under ICSID Convention….
…in investor-State arbitration. Meg Cochrane, Analysing the Overlap Between Arbitration and Human Rights In the light of the inception of the human rights litigation revolution in the 1980s and…
…arbitration practice where such an obligation is generally negated? Contradictory findings of party-appointed experts pose a day-to-day issue in arbitration proceedings. On the one hand, parties tend to request a…
…a right of appeal and, in most popular arbitration seats, national arbitration law provides no such recourse to the local courts. The arguments for and against a right of appeal…
…adopted as result of consultations by the Contracting Parties shall be binding on a Tribunal …”. The Dutch Foreign Minister raised the concern about damages awarded in international arbitration being…
…when President Rafael Correa was in office from 2007-2017, the country exhibited a hostile attitude towards international arbitration which is the preferred mechanism for the resolution of investment disputes. For…
…jurisdiction of Indian courts to grant injunctions restraining arbitral proceedings (popularly called anti-arbitration injunctions). While the grant of anti-arbitration injunctions by Indian courts has been discussed previously on this blog…
…an arbitration clause providing for any dispute to be administered by the International Chamber of Commerce (‘ICC’) under the ICC Arbitration Rules. In the Ruling, the Lagos High Court held…
…arbitration process will understand that these are only apparent difficulties which can be overcome. Optimising the proceedings: Michael Mcilwrath looked into new ways to optimise the international arbitration process, with…
Recently, the first-ever treaty-based arbitration against Norway was registered with ICSID. The Request for Arbitration was submitted by a Latvian investor, Mr. Peteris Pildegovics, and his company, SIA North Star….
…correct decision-making process according to Austrian law. The decision of the Supreme Court reflects what seems to be an international consensus regarding the importance of deliberations in arbitration. The Supreme…
…WTO Members to have recourse to all of the WTO dispute settlement mechanism, including arbitration under Article 25 DSU. Therefore, an arbitration mechanism, as seen under MPIA, is permitted under…
…2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The road the EU has taken…
…named place is identified in the arbitration agreement as the “venue” of “arbitration proceedings”, the use of the expression “arbitration proceedings” signifies that the entire arbitration proceedings (including the making…
…in a joint declaration with arbitration institutions from the Belt & Road Countries, its intent to promote arbitration for dispute resolution as a fair way of solving trade disputes10)“Arbitration Institutions…
…no meaningful effect of differences between various applicable arbitration rules (e.g. ICSID, UNCITRAL or ICSID Additional Facility), the exact language of the relevant treaty matters. For example, in nearly 80%…
…in international arbitration.1)This presentation was based on a forthcoming article, see F. Rosenfeld / F. Ferrari, ‘The Law Applicable to the Merits in International Commercial Arbitration’, forthcoming in: A. Bjorklund…
International background on IP arbitration The past decade has witnessed a substantial growth in the use of arbitration to solve Intellectual Property (“IP”) disputes. To the day, the WIPO Arbitration…
…not agreed on the applicable law and the arbitration is Paris-seated, ICC arbitral tribunals enjoy great freedom to determine the lex contractus, in accordance with Art. 1511 of the French…
…that are settled in international arbitration: (i) the arbitration award has res judicata effects, and (ii) the award cannot affect a third party who was not part of the arbitration….
