The significance of an arbitration agreement’s proper law cannot be understated, given its importance vis-à-vis the arbitration agreement’s validity and consequent implications on the tribunal’s…
On 28 January 2020, the arbitration panel has been formed in the dispute between the EU and Ukraine regarding Ukraine’s export prohibition of unprocessed timber. Notably, this is the first dispute…
We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:
ARTICLES
Felix DASSER, Of Lighthouses and Rocks
In his first…
In interpreting one of the most contested investment treaty protection standards – fair and equitable treatment – arbitral tribunals have increasingly referred to the necessity for an investor to…
COVID-19: Background and Impact on Foreign Investment in the Developing Countries
As discussed on the Blog previously, the number of confirmed cases of COVID-19, the disease caused by the virus named…
A California district court held in February that 28 U.S.C. Section 1782 could be used to seek discovery for use in a private, commercial arbitration, becoming the first district court in the Ninth…
A decision by the Paris Court of Appeal rendered in 2018 rejected a request by the state of Cameroon for annulment of an arbitral award that had applied OHADA law over Cameroonian law (CA Paris 16/…
For the 35th Annual Joint Symposium of Arbitrators, the ICC Institute of World Business Law and the School of International Arbitration proposed a debate on the participation of “States and State…
The findings of the recent decision Ali Riza et al. v. Turkey ("Riza") of the European Court of Human Rights ("ECtHR") dated 28 January 2020, when read in conjunction with the ECtHR’s previous…
Although some might have considered 2019 a bit “lackluster”, a number of noteworthy decisions by the Paris Court of Appeal and French Supreme Court have come to refine on the now well-…
