Arbitration Proceedings

Yesterday a federal court in New York granted Chevron's request for discovery of outtakes from the 2009 documentary Crude about the multi-billion dollar litigation in Ecuador. Chevron's request was…

In recent years, there has been increasing concern about court orders aimed at preventing a party from initiating, continuing or participating in arbitration proceedings (see notably, IAI Series on…

King Solomon might have split the baby had he not realised the identity of its parent in time. Judges and arbitrators - some 3,000 years later - might be quicker to identify a company's real group…

The principle of good faith arises in investment treaty arbitrations in various contexts. Tribunals, of course, regularly refer to Article 31(1) of the Vienna Convention for the rule that treaties…

Anti-suit injunctions have certainly received their fair share of air time (and some would say more) as a result of the West Tankers debate - about which this blog entry is not. Now that all eyes…

On a first reading this might seem like a particularly narrow question. Perhaps geographically of limited utility. But to almost every international organization in the industrial, defence and major…

In this blog I return to the theme of investor misconduct, albeit in a different context from my previous posts:  host state criminal investigations during investment treaty arbitration proceedings. …

I have always found the submission of expert legal opinions on matters of international law to investment treaty tribunals rather odd.  Why are expert opinions needed and what is their status?  To…

Following the flurry of arbitrations initiated by investors against Argentina based upon Argentine government actions during that country’s 2001-2002 economic crisis, one might have expected the U.S…