A recent decision by the Eleventh Circuit Court of Appeals has attracted attention within the arbitration community as it puts into question the enforceability in the United States of international…
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…
In the same arbitration proceedings, the Swiss Federal Supreme Court had to decide twice -albeit based on different grounds - whether facts discovered after the issue of an award (so called "nova")…
Following on from Patrick Dumberry's post, I wanted to offer some information on another pending investor-state dispute where a version of the persistent objector argument has arisen.
There is an…
The question of the existence of legal protection for foreign investors under customary international law has always been controversial. States have indeed entered into BITs precisely because of the…
Addressing an issue of first impression, the United States Court of Appeals for the Sixth Circuit recently held that, notwithstanding a prior-filed lawsuit in Australia, the doctrine of international…
How should tribunals apply investment treaties to measures adopted during times of crisis? Recognizing crisis as the point at which foreign investors become most vulnerable (and therefore require the…
In submitting his instructions to the American delegation attending the 1907 Second Hague Conference, Secretary of State Elihu Root argued that the Permanent Court of Arbitration system needed…
In a decision dated 5 December 2008 (4A_376/2008), the Swiss Federal Court ("SFC") had the opportunity to address two legal topics in the context of international arbitration:
The first topic was the…
