International Courts

On 7 October 2011 the Svea Court of Appeal ruled on whether an arbitral award should be declared invalid or annulled because the dispute – as alleged by the plaintiff – was not arbitrable under the…

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…

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…

The United States and Mexico signed the General Claims Convention of September 8, 1923 and thereby constituted the U.S.-Mexico General Claims Commission.* The Commission was asked to resolve all…

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…

International claims settlement involves a number of challenges that are relevant for the international arbitration community, including fact-finding and burden of proof, principles of State…

In my last post I questioned whether investor misconduct (such as fraud, illegality and corruption) is invariably a jurisdictional issue.  This post focuses on the use of admissibility as a filtering…

By Federico Campolieti* and Nicholas Lawn** Introduction In a recent decision related to the ICSID case Perenco Ecuador Limited v. The Republic of Ecuador [1], the Secretary-General of the Permanent…

On September 9th, 2009, an intriguing editorial penned by Jeffrey Golden, a special US Counsel and global derivatives senior partner at Allen & Overy LLP, appeared on the Financial Times. It was…