On 1 July 2020, the Arbitration Foundation of Southern Africa (“AFSA”), a leading arbitral institution in South Africa, launched its new draft International Arbitration Rules for public comment. The…
"Too many cooks spoil the broth" – this expression works in both personal and professional situations. Everyone can relate to this universal concept that where each of many people involved in a…
No less than two years ago, in a series of related judgments (the NML Ltd et al. v the Republic of Argentina saga), the French Court of cassation gave greater protection to state immunity from…
On 29 April 2014, the French Cour de cassation made a decision on the criteria a multi-tiered dispute resolution clause ("multi-tiered clause") should meet to render claims inadmissible if…
Contracting with States or State-controlled/assimilated entities is, and has always been, tricky, especially when a dispute arises between the (private) party or investor and the State or State…
