Search Results for: efficient arbitration

Achmea, Arbitration Awards, Foreign Investment Law, ICSID Convention, International Humanitarian Law, International Investment Arbitration, International Law, International Law Weekend, Investor-State arbitration, ISDS, ISDS Reform

, (Dechert), (Dentons US LLP), (Dentons), and (McDermott Will & Emery)/ /Leave a comment

…Act (“FSIA”). But Prof. Bermann pointed out that, since the CJEU determined such arbitration agreements are invalid in Achmea, the exception for valid arbitration agreements to the FSIA would no…

Arbitrator's Fees, Corruption, Impartiality, Odebrecht investigation, Peru

(Columbia Law School)/ /Leave a comment

…Rules of Arbitration, at Art. 38; London Chamber of Commerce Arbitration Rules, at Art. 2 of Appendix III; American Arbitration Association Commercial Arbitration Rules and Mediation Procedures, Administrative Fee Schedules….

Counsel, Investment Arbitration, Investment protection, ISDS Reform, Surveys

(School of International Arbitration, Queen Mary University of London (QMUL)) and , (School of International Arbitration, Queen Mary University of London (QMUL) )/ /Leave a comment

…Arbitration survey conducted by the School of International Arbitration at Queen Mary University of London. A link to the survey can be found here. The survey comes at a critical…

Interim measures, Investment Arbitration, Investment Treaties, Investor, Investor-State arbitration, Provisional measures

(British Institute of International and Comparative Law (BIICL))/ /Leave a comment

…on provisional measures. The majority of public decisions in investor-state disputes were rendered under the ICSID Arbitration Rules, UNCITRAL Arbitration Rules and ICSID Additional Facility rules. Although arbitration rules have…

National Courts, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Albright StoneBridge Group)/ /Leave a comment

…‘arbitration’ as discussed above, but also for appreciating the importance of party autonomy under the Convention: arbitrations that are of a mandatory nature do not fall under the Convention’s scope….

Achmea, Energy Charter Treaty, European Law, Intra-EU BITs, Intra-EU ISDS, Investment Arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Colibra Insurance)/ /Leave a comment

…for one more reason. Investment treaty arbitration requires the interpretation of international treaties governing investment regimes in an environment where other international instruments function. The Achmea saga is a prime…

International Investment Arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, Investment Treaties, ISDS, ISDS Reform, Transparency, Treaty, Treaty Interpretation, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (University of Vienna)/ /Leave a comment

…of investment treaties and investment treaty arbitration, this practice has broader implications. Through transparency efforts, a growing volume of negotiating materials are now publicly available. The impacts of such materials…

International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Proxenia Legal)/ /Leave a comment

…interpretation — and the principles and doctrines regarded as lying beneath them — are themselves understood by the particular court or tribunal. This post argues that investment arbitration understands one…

ICSID Arbitration, Investment, Investment agreements, Investment Arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Tribe Arbitration and St Mary's University)/ /2 Comments

…ICSID arbitration to disputes arising out of investments that contribute to the economic development of the host State. The decisions of the ICSID tribunals that followed the Salini test show…

Decision Making, ICSID Arbitration, Investment Arbitration, Investor-State arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Queen Mary University of London)/ /Leave a comment

Legal Reasoning: Interpreting and Applying the Law1)Mary Mitsi, The Decision-Making Process of Investor-State Arbitration Tribunals (Kluwer 2019). When analysing the process of legal decision-making what might first come to mind…

Decision Making, ICSID Arbitration, International Law, Investment agreements, Investment Arbitration, Investment Treaties, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

…Arbitration Tribunals. In particular, Dr Mitsi will consider the interpretive tools provided by the VCLT and investment arbitration precedent to explore this emerging and specialised practice. On Thursday, Dr Julian…

Achmea, Arbitration, BIT, European Law, International arbitration, Intra-EU BITs, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investor-State arbitration, Sunset clauses

(NL-Investmentconsulting)/ /Leave a comment

…BITs] shall not serve as legal basis for new arbitration proceedings”. New arbitration proceedings are defined as proceedings initiated on or after 6 March 2018, i.e. post-Achmea judgment. This apparently…

Africa, Investment, Investment agreements, Investment Arbitration, Investment law

(Herbert Smith Freehills) and , / /Leave a comment

…dispute to the Arbitration Centre of the Common Court of Justice and Arbitration (“CCJA”) of the Organization for Harmonization in Africa of Business Law (“OHADA”). Unfortunately, however, such submission requires…

Amparo, Colombia, Constitutional Court, International arbitration, International Public Policy, Tutela

(Talero Rueda & Asociados)/ /Leave a comment

…Arbitration Statute-, annulment proceedings, against arbitration awards, are the only judicial mechanisms in order to challenge said decisions in relation to international arbitrations seated in Colombia. In general terms, Colombia…

Arbitration institution, Belt Road Initiative, Central Asia, Interview, Interviews with Our Editors, Technology, Uzbekistan

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and / /Leave a comment

…Court of Arbitration, the Arbitration Institute of the Stockholm Chamber of Commerce, China International Economic and Trade Commission, the Singapore International Arbitration Centre, the Dubai International Arbitration Centre and others….

Arbitration, Guaidó, Recognition, United States Courts, Venezuela

(Università degli Studi di Trento)/ /Leave a comment

…domestic courts and international arbitration tribunals with the express aim of safeguarding Venezuela’s financial interests abroad. Some of these cases have already been discussed in this Blog; but new developments…