Currently, around 190 bilateral investment treaties between EU Member States ("intra-EU BITs") are still in force. Most of these intra EU-BITs were concluded in the 1990s. Prior to the two…
Arbitration has long been the favorite of the ADR family. Mediation, however, has established an increasingly relevant position for itself when it comes to resolving (international) commercial…
One of the main advantages of arbitration vis-à-vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases. Yet, if these…
When allocating costs, investment arbitration tribunals apply two principles: a "pay your own way" principle which provides that each party pays its own legal costs and they effectively share the…
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("NYC") was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution…
Time and cost efficiency is the most commonly praised argument in favor of arbitration as opposed to state court litigation. The exchanges within the arbitral community as regards strategies to…
Discussions of arbitrators' powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural…
