In a conventional investment dispute, the claimant seeks compensation for the impairment of its substantive investment in the territory of the host state. Swissbourgh Diamond Mines (Pty) Ltd v…
The U.S. District Court for the Western District of Washington has enforced a settlement between a Jones Act seaman and his employer for maintenance and cure payments, pursuant to the 1958 United…
ICSID tribunals have refused to hear the merits of investment treaty claims if a corrupt act was involved in contract formation, even where that corruption involved state actors. Consequently, the…
On 5 November 2014, the French Cour de Cassation, overruled a decision of the Paris Court of Appeal for having reversed the burden of proof in a case involving a non-participating party. With this…
In the recent case of OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014) (“Petrom v Glencore”), the English Commercial Court was faced with the question of whether…
The Full Court of the Federal Court of Australia (the Court) recently upheld a decision enforcing an arbitral award made by three London arbitrators (Gujarat NRE Coke Limited v. Coeclerici Asia (Pte)…
On Thursday, 13 January 2011, France revealed its long-awaited new arbitration law. The décret n° 2011-48 portant réforme de l’arbitrage, was published in France’s Official Journal, alongside a…
