…of many articles that have reviewed relevant differences with respect to NAFTA, particularly on investment arbitration. This post will explore the arbitration rules applicable to investment disputes under the USMCA…
…are a few things to highlight about Annex 14-D. First, the lightning rods of NAFTA investment arbitration – the MST standard and indirect expropriation – do not feature (See Annex…
…through the operation of a separate arbitration agreement between the parties (e.g., an arbitration clause of an investment contract with a State-owned entity), or as part of a state-to-state arbitration….
…era. NAFTA quickly proved to be a trendsetter. It opened its proceedings to the world long before other systems did. It was a beacon of transparency in arbitration. Other systems…
…Art. 14.D.3 (Submission of a Claim to Arbitration), Article 14.D.3 (Submission of a Claim to Arbitration), note 22. Chapter 14 also includes a novel asymmetrical fork-in-the-road provision that applies to…
…only on the “value” of ICSID intra-EU awards, but also on the governing principles of enforceability and finality that make international arbitration so popular? A lot is at stake in…
…ICC Court of Arbitration for scrutiny under Art. 34 ICC Arbitration Rules. But the Frankfurt Court of Appeals takes an extremely strict position in this respect as well: The confidentiality…
…of women. Thus, the underrepresentation of women in investment arbitration remains a dire problem. In investment arbitration, however, individual arbitrators would be drawn primarily from the ranks of counsel who…
…states that the arbitral tribunal and parties shall make every effort to conduct the arbitration in an expeditious and cost-effective manner. Delay in arbitration may also give rise to due…
…prevailing practice in international arbitration under the UNCITRAL Model Law regimes. We believe the gap between Chinese arbitration and international arbitration with regard to evidentiary procedure would eventually be filled….
…for arbitration institutions.2)Ziadé, N.B. (2009), Reflections on the role of institutional arbitration between the present and the future, Arbitration International, p. 427. While the issue of efficiency has been subject…
…by Modexel Consultores e Servicios S.A. (MODEXEL) against Alimentos Polar Comercial C.A. (POLAR) under the Business Center for Conciliation and Arbitration (CEDCA) arbitration rules. In essence, that decision arises out…
…14 July 1971. In addition, the Arbitration (International Investment Disputes) Act 1966, which came into force on 20 January 1967, declared the United Kingdom’s Act of the same name applicable…
…moderator, the panel was comprised of the following esteemed speakers: Mr Gary Born (President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP);…
…reducing arbitration costs, and encouraging amici participation. Therefore, they primarily focus on certain critical civil and political rights (e.g., public and community participation, rule of law) over second- and third-generation…
…courts’ growing intolerance to such challenges. The Singapore Court of Appeal held that frivolous natural justice claims risked damaging arbitration’s reputation as a valid and efficient dispute resolution mechanism. Further,…
…ADR proceedings. What is perhaps less attended to is that arbitration, unlike litigation, requires prior agreement to even get off the ground. Adopting an arbitration clause can be difficult enough…
…the success of arbitration, and supports the idea of arbitration. The Intersection In case of a conflict, most international arbitration award holders would not find enforcing awards against an…
…parallel with related arbitration proceedings. Yet, while much has been written about the burden of proof for parties invoking corruption defenses within the context of an arbitration, little has been…
…dispute settlement. This post examines the development of investor obligations in African investment instruments. It first notes that investment arbitration was, at its time of genesis, undeniably reciprocal in orientation….
…internationally. It includes both operational issues and policy topics such as international arbitration in general, arbitration and climate change, discussions with policy makers on issues of international arbitration in Sweden…
…(including the disputes resulting from its bankruptcy) should be capable of being referred to arbitration. The Arbitration Agreement and Bankruptcy The crucial question is whether an entity whose bankruptcy is…
…Chinese court proceedings, Chinese parties may become more cooperative regarding document production in domestic and international arbitration. It is not uncommon for a country’s arbitration practice to be influenced by…
…of the parties, it shall, at the request of the investor, be submitted for arbitration to ICSID. The treaty (as other contemporary treaties) provides that investments shall benefit from national…
