COVID-19 and Investment Treaty Claims
…a foreign investor, there will be a threshold issue as to whether the measure is potentially in breach of the substantive provisions of an investment treaty. There may be strong…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Contents of Journal of International Arbitration, Volume 37, Issue 2
… Oluwafikunayo D. Taiwo, The Restrictive Approach to Legal Representation in Arbitration Proceedings and Its Unintended Consequences in Nigeria The issue of legal representation in arbitration proceedings accounts for one…
Arbitration, Arbitration Institutions and Rules, BIT, Counterclaims, Enforcement, Investment Arbitration, Reform, UNCITRAL WG III Series
UNCITRAL Working Group III: Counterclaims in ISDS – Challenges and Prospects in Light of the UNCITRAL Reform Process
…in the form of reactive claims grounded on a different legal basis than the IIA itself (thus legally unrelated to the investors’ claims based on the breaches of IIA provisions)…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Frivolous Claims, Investment Arbitration, Reform, Security for Costs, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Security for Costs – An Inefficient Mechanism to Avert Frivolous Claims in ISDS
…↑4 Cf. ICISD Arbitration Rule 41(5), which requires the party requesting for dismissal to specify, “as precisely as possible”, the basis on which the claim is “manifestly without legal merit”….
Appellate Court, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Reforms in the Realm of Investor-State Disputes – UNCITRAL’s Proposals for an Appellate Mechanism and its Impact on Duration and Cost
…the drafting of the 1958 New York Convention: Nothing has proven to be as divergent as the rules of procedure. Imposing uniform rules would deter many States from signing the…
Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Would an Investment Court De-politicize ISDS?
…arbitration follows the commercial arbitration paradigm, with disputing parties playing a direct role in the composition of the tribunal. This is perceived as a tool of control over the arbitrators’…
Arbitration, Arbitration Institutions and Rules, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: One Step Closer to a Multilateral Investment Court?
…Article V of the New York Convention; and the role of domestic courts in relation to awards contrary to mandatory rules of law and essential public policies (Report, §80). In…
Arbitration, Arbitration Proceedings, Arbitrators, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: An Introduction and Update
…meetings. These include issues associated with the duration and cost of investor-State arbitration proceedings, and related issues such as security for costs; issues of predictability and consistency between arbitral decisions;…
Conflicts of interest, COVID-19, Ethics, IBA Guidelines on Party Representation, LCIA Guidelines for Parties' Legal Representatives, LCIA Rules, Vis Moot, Willem C. Vis Moot
The 2020 Vis Moot: Facing Emerging Challenges, While Continuing to Hone Best Practices in Procedure and Ethics
…see here). This year’s Problem specifically invokes the LCIA Rules (2014) as the lens for analysis. The LCIA Rules (2014) include General Guidelines for the Parties’ Legal Representatives (‘LCIA Guidelines’)…
Young Female Practitioners Breaking into the World of International Arbitration
…work and vision. The future of international arbitration lies in the new generation of practitioners: both men and women should look forward to creating a more diverse international arbitration environment….
India, Brazil Ink Novel Investment Treaty: Is Dispute Prevention the Way Forward?
…3 BITs that India has signed since adopting the model BIT in December 2015. The new treaty articulates several provisions (briefly discussed below) in departure from the model version. The…
The Green Pledge: No Talk, More Action
…one long distance flight for every arbitration would result in significant carbon savings, as would eliminating hard copy submissions. The Committee looked at a “Green Arbitration.” This involved changing the…
India-Brazil Bilateral Investment Treaty – A New Template for India?
…arbitration is to decide on the interpretation of the treaty or observance by a country of the terms of the treaty. It further clarifies that the SSDS arbitration tribunal shall…
Enforceability of Emergency Arbitrator Orders in Turkey and Take-Aways from the 15th ICC Turkey Arbitration Day 2020
…or during arbitration albeit the existence of an arbitration agreement. Article 6(3) also allows the parties to seek for court assistance in case the emergency measure was sought in arbitration,…
Combating Climate Change: The Role Of Investor-State Arbitration In Africa
…objectives. They also require the conduct of environmental impact assessments prior to the establishment of investments, with a set of minimum national standards. There are some similar provisions in existing…
Quo Vadis Supreme Court of Ukraine?
…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…
After 48 Years at ICSID (1972-2020): An Overview of the Status of Egypt in ICSID Arbitrations
…amicably settle investment disputes. Interestingly, 9 of the cases (i.e. 69%) were discontinued according to article 43(1) ICSID Arbitration Rules, based on the request of both parties. These findings might…
Arbitral Tribunal, Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Procedure, ICSID Proceedings, International Investment Arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform
The ICSID Reforms and Working Paper 4: Push or Pull?
…and requirements, governing the submission by claimants of their request for arbitration. In WP3, the ICSID Secretariat noted that some States had requested that the rules governing requests for arbitration…
Best practices, COVID-19, ODR, Online Dispute Resolution, Procedure, sociology of international arbitration
How Will the Coronavirus Impact International Arbitration?
…suspending contractual performance and force majeure provisions. Contract drafters are rethinking contractual terms including provisions as to arbitral seats, choice of law, institutions and procedures. The virus has caused disruption…
Arbitrator Bias, Arbitrators, Austria, Impartiality, Independence and Impartiality, Public Policy, Revision of Award, Set aside an arbitral award, Switzerland
Austrian Supreme Court on the Lack of Impartiality and Independence of Arbitrators Discovered Ex Post
Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in…
Yukos: Enforcement or Adjournment of Arbitral Awards During Set Aside Proceedings
…on the prevailing party in the arbitration: the purpose of the New York Convention is to contribute to the effectiveness of international arbitration. Another US District Court analyzed the court’s…
Georgia, Impartiality, Independence, Independence and Impartiality, Institutional Arbitration, Institutional Rules, Interim measures, Unconscious Bias
Avoiding Potential Bias in the Handling of Interim Measures Applications in Georgia
…the needs of international commercial arbitration: the law of Georgia on arbitration (the “Law on Arbitration”) is based on the UNCITRAL Model Law on International Commercial Arbitration as amended in…
Climate Change, the Environment and Commercial Arbitration
…example, the London Court of International Arbitration, the Korean Commercial Arbitration Board and the China International Economic and Trade Arbitration Commission all provide for the reimbursement of reasonable costs or…
Arbitral Tribunal, Arbitration, Arbitration Agreement, Arbitration Agreements, Financial Industry, Lebanon
The Ongoing Lebanese Financial Crisis: Is There Potential For Investor-State Arbitration?
…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…