…with the rules of public policy and notably mandatory rules of French public law (lois de police). However, it seems unclear whether in SMAC v Ryanair, the Conseil d’Etat applied…
…investor’s funds, had the breach never occurred. Absent a specific prescription in the applicable investment treaty or contract, the time value of the money can be compensated by taking into…
…tribunal did find that Mongolia breached the fair and equitable treatment protection in the BIT by taking ownership of the gold, exporting it abroad for refining, and depositing it or…
…concluded which has been criticized by many European companies and governments. Nonetheless, she stressed the point that they contain important innovations with regard to CSR rules, climate change and the…
…all the arguments presented by the parties, nor that it must indicate the evidence on which it has relied to make its decision on the facts. Instead, to determine if…
…themselves in a precarious balancing act: on one hand, they must provide a degree of predictability and security to investors who, understandably, seek stability and clear rules; on the other…
…the Qatari Appeal Court answered the question in the negative, refusing to set aside an award rendered under the rules of the Qatar International Center for Conciliation and Arbitration (QICCA)…
…be based on all the evidence available at the final hearing of the dispute, but that is precisely the point: the neutral will provide an evaluation based on the evidence…
…the impact of sanctions on insurance policies is often overlooked. Challenge 2: Anticipating and preventing the risk. For now, most arbitral institutions lack specific rules that handle sanctions, which implies…
…of procedural mechanisms such as consolidation and joinder. Even if arbitration institutional rules may have specific requirements, the use of joinder is meant to allow a third-party to join an…
…Taking the discussion away from drafts to enacted changes, Ms Paralika brought the discussion back to Europe with insights on the new arbitration law enacted in Greece in 2023 (for…
…rule on these issues comes from – normally this power comes directly from the applicable lex arbitri, arbitration rules or the arbitration agreement. Put differently, the arbitrators have clear statutory…
…and the modernisation of arbitration rules. Nonetheless, each CA country is unique in its approach to regulatory reform and thus, each particular approach is specific to the country. Central…
…rules require disclosure of all circumstances that might raise a reasonable or justifiable doubt as to the prospective arbitrator’s independence and impartiality. For instance, article 11 of the ICC Arbitration…
…under the applicable rules allowing arbitration institution to temporarily assume the costs of arbitration or otherwise mitigating the burden of their payment, if available, or – with the involvement of…
…as favourable arbitral seats? It will be interesting to see how arbitral tribunals deal with these issues. Prof. Bermann reproached the EU for taking a disingenuous position on intra-EU investment…
…modern business-oriented jurisdiction which can hear cases in English and adapt its rules of procedure to each specific case. Taking advantage of an audience largely composed of in-house counsels, President…
…case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case. As per the CAS Rules, all arbitral proceedings are to be seated in Switzerland,…
…are few, if any, ethical guidelines and codes of conduct for arbitrators. When it comes to corruption, the only applicable rules are general principles such as the independence, impartiality and…
…certain date to be time-barred was a jurisdiction issue. The court had erroneously considered that by taking into account the measures before the set date in the assessment of damages,…
…in each case involving a foreign transfer potentially taking place “by operation of law,” parties will need to engage foreign lawyers and, potentially, submit expert evidence to assess the basis…
…For instance, in the United Kingdom, the Law Commission has recently introduced a Bill wherein it refrains from explicitly taking a stance on whether crypto assets fall within the confines…
…reinstated his support for alternative dispute resolution mechanisms. In parallel, he called for continued reflection on French arbitration law, with a view to, inter alia, streamline the rules and increase…
…contract, such as making payments, seeking extension of time or approval, joint survey, etc., this third party is entitled to invoke arbitration. Consensual Theory of Arbitration Taking a similar…
