Arbitration Proceedings

Ariel Meyerstein (UC Berkeley School of Law)

The “difference without a distinction” strikes again in Glamis Gold: notes on the persisting confusion of preliminary objections to “admissibility” with objections to “jurisdiction” in investment disputes

October 20, 2009

In one of the most recent NAFTA awards, Glamis Gold v. United States, the United States (“US”) raised objections to the tribunal’s “subject matter jurisdiction” against Glamis’ claims of…

Georg von Segesser (von Segesser Law Offices)

A decision based on a written submission of a third party does not violate the right to be heard if the parties to the proceedings had enough time to comment on it

October 15, 2009

In a decision of 23 June 2009 (4A_62/2009), the Swiss Federal Supreme Court held that the right to be heard is not violated where an arbitral tribunal bases its decision on a written submission of a…

Patricia Nacimiento (Herbert Smith Freehills LLP)

Recognition and enforcement of annulled arbitral awards – the Yukos Capital decision

October 14, 2009

The 9.10.2009 session of the New York Convention subcommittee of the IBA in Madrid saw a lively discussion on the topic of enforcement of annulled arbitral awards. The discussion related to the …

Dietmar W. Prager (Debevoise & Plimpton LLP)

Should States be required to post a security as a condition for the stay of enforcement of an ICSID Award during Annulment Proceedings?

October 7, 2009

Earlier this year, the ICSID ad hoc committee in the Sempra v. Argentina annulment proceedings decided to continue the stay of the enforcement of the tribunal's award in that case for the duration of…

Andrew Newcombe (University of Victoria Faculty of Law)

A cautionary tale of settlement negotiations: Azpetrol v. Azerbaijan

September 29, 2009

It is always satisfying for an academic when research interests contribute to teaching. So, as I began teaching first year contracts this year, I read the 8 September 2009 award in Azpetrol…

Phillip Capper (White & Case LLP)

Section 69 and the “Interventionism” of English Courts

September 23, 2009

There is a lingering perception amongst the international arbitration community that English courts tend to be more interventionist in relation to arbitration proceedings and awards compared to some…

Abby Cohen Smutny (White & Case LLP)

Recent ICSID Decision Confirms High Standard For Preliminary Objections To Claims That Are "Manifestly Without Legal Merit"

September 9, 2009

In 2006, the ICSID Arbitration Rules were amended to allow a party to make a preliminary objection to claims that are "manifestly without legal merit." The procedure for this objection is embodied in…

Anonymous

A Snapshot of ICSID Arbitrators in Pending Cases

September 4, 2009

In 2006, I conducted a review of the most frequently selected arbitrators in the then-pending 103 ICSID cases. (See "Precedent in Investment Treaty Arbitration: A Citation Analysis of a Developing…

Loukas A. Mistelis (School of International Arbitration, Queen Mary University of London (QMUL))

Is Arbitration Changing?

August 19, 2009

One can observe two rather opposing trends. On the one hand there is a steady (and more recently significant) increase in the number of arbitration cases; one the other hand there is a rather…