In general terms, a couple of the known advantages of arbitration are: (i) normally it is faster than adjudication before national courts and, (ii) the arbitral award is final. Now, both of these…
and Jose Luis Repetto Deville, Miranda & Amado
Recently, the First Commercial Chamber of the Superior Court of Lima issued an annulment decision in the case MDIS v. CORAL. The court had to deal with…
In a highly unusual arbitral decision, the Cour Commune de Justice et d'Arbitrage (CCJA), the court created by the Organisation pour l'Harmonisation en Afrique du Droit des Affaires (the Organisation…
by Daniela Páez-Salgado, Herbert Smith Freehills (Assistant Editor for South America)
On November 2, 2015, an ICSID-appointed Committee issued its Decision on Annulment in Occidental v Ecuador …
by Juan Carlos Herrera Q. Puente & Asociados
In the middle of a short holiday, the Ecuadorian Government anxiously expected the Decision on Annulment issued by the Ad-hoc Committee regarding the…
A ruling of the Austrian Supreme Court, the Oberste Gerichtshof in Vienna, Austria, of earlier this year (see ruling of 18 February 2015, 2 Ob 22/14w) raises anew the much debated question of the…
The Odyssey is one of the most famous epic poems of the classic era. Attributed to Homer, it describes the journey of Odysseus from Troy to Ithaca, his homeland. It took the hero about ten years to…
The recent annulment decision in Tza Yap Shum v. Peru (ICSID Case No. ARB/07/6) has brought back the discussion regarding the ‘pure’ adversarial nature of investor-state arbitration system.
Mr. Shum,…
In one of the very rare decisions issued by courts in the Arab world applying the provisions of the Unified Agreement for the Investment of Arab Capital in the Arab States (the "UAIAC"), the Cairo…