Let’s get this straight: When awarded to persons, including foreign investors, moral damages are compensatory in nature. They are not discretionary. They are not symbolic. They are not exemplary…
and Laura Lozano, González-Bueno & Asociados
It is known that third party funding has become one of the hot topics in the international arbitration arena. Indeed, it is not the first time this blog…
and Oleg Temnikov
Foreword
Designation by a State of a constituent subdivision or agency provided for in Article 25, paragraphs 1 and 3, of the ICSID Convention has recently sparked a debate…
The very nature of an arbitrator requires that she or he be imbued with the principles of independence and impartiality, qualities that should never be doubted. Nonetheless, there has recently been…
Investment arbitration is a crucial and sensitive dispute-resolution method, notably because the treatment given to foreign investment matters may materially affect the economic and social realities…
By Carlos González–Bueno and Laura Lozano, González-Bueno & Asociados, Madrid.
It is commonly understood that Latin American countries have played an important dominant role as respondents in ICSID…
The ICSID Convention threshold for arbitrators’ challenges, upholding challenges only if arbitrators exhibit a manifest lack of the qualities required to sit as arbitrators (Art. 57 ICSID Convention)…
and Oleg Temnikov
Foreword
The recent decision on preliminary objections, dated 17 January 2014, against the application for annulment in Elsamex S.A. v. Honduras (ARB/09/4) brought renewed interest…
By Michael Polkinghorne & Charles B. Rosenberg, White & Case LLP
The role of the tribunal secretary in international arbitration has been called an “enormously grey area” that has been subject to…
