Michael P. Daly is a Visiting Scholar at George Washington Law School and Legal Adviser to Charles N. Brower and Jawad Ahmad is a Legal Adviser at the Iran-US Claims Tribunal. The views expressed in…
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.
A few weeks ago, a small…
It has been some time since Judge Gunnar Lagergren – 52 years precisely – arbitrated a case (ICC No. 1110) whose underlying contract involved an agreement to pay bribes, and where he proffered a…
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-…
In the landscape of international investment arbitration the allegations of corruption have become more and more common. Confronted with investor’s claims before an arbitral tribunal, host states…
Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly…
The recently promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 (the “Ordinance”) marks a significant change in the arbitration landscape of India. Most significantly, the Ordinance…
Part I of this article analyzed the three jurisdictional requirements under the ICSID Convention for submission of counterclaims. Now we turn to three investor-State tribunal decisions decided within…
In the last two years, three tribunals have enriched the investor-state dispute jurisprudence on counterclaims. Metal-Tech v. Uzbekistan (ICSID Case No. ARB/10/3, Award, 4 October 2013), Al-Warraq v…
Background
Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has…
