Jurisdiction

129 articles available

Introduction On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited award…

The recently published Philipp Morris v Australia award concerning Australia’s plain packaging of cigarettes legislation contains important indications regarding the conditions for the timely…

Five years after the UK Supreme Court handed down its infamous decision in Dallah v. Pakistan, UK Supreme Court Justice Lorde Mance has shed new light on the ‘pathological’ case. To recall, the…

As Mariel Dimsey has observed, a key challenge posed by investment treaties is that - at the point of ratification - they expose States to arbitrations of 'as-yet-unknown scope and against as-yet…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or ICC, the Court or its Secretariat. Hypochondria…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. There are a number of…

The debate regarding the extent to which most favoured nation (‘MFN’) clauses in bilateral investment treaties (‘BITs’) can expand the scope of application of such treaties is a well-established and…

Do international arbitrators have the power to overturn interim measures granted by a Brazilian court? Do Brazilian courts have the power to stay international arbitrations? A recent decision…

The potential intervention of Indian courts over foreign seated arbitrations is a hot topic in international arbitration. On 28 May 2014, the Supreme Court of India ("SCI") heated up the debate by…