In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil…
Background
UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration agreement…
The initially alluring and subsequently vehemently amended incentives for investments in renewable energy projects across Europe have given rise to a significant number of arbitration claims brought…
The potential ramifications on a party’s right to challenge an award made in a consolidated proceeding should inform a party’s decision to adopt institutional rules or national arbitration laws that…
There has been much comment about recent awards in Energy Charter Treaty ('ECT') arbitrations concerning investors' claims against Spain and other EU states regarding renewable energy projects . The…
The Belt-and-Road Initiative ("BRI") is a grand vision about connectivity, infrastructure, trade and unimpeded foreign direct investment ("FDI") flows. It is a path to China’s largest export market…
1. What drew you to the world of International Arbitration?
I never had an epiphany regarding International Arbitration. I was drawn to it one small touch at a time, during internships. It…
The Achmea judgment, passed on the 6th of March 2018, and addressed in the Kluwer blog posts available here and here, prompted us to think about what could be the way forward for an effective…
For many years, investor-state dispute settlement (ISDS), supported by thousands of bilateral investment treaties (BITs), has served as the main mechanism for deciding investment disputes. This…
Before answering the titular question, let’s start with the more basic question: What is a race to the top? The phrase seems self-explanatory. It is a compelling and vivid metaphor that has by now…
