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…
Professor Stacie Strong has noted on this blog that "[c]ritics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom…
It has been on the cards for many years. But on 6 February 2018, days before the Kuwait reconstruction conference, the Iraqi cabinet officially agreed to endorse the ratification of New…
At the end of a lengthy and complex arbitration, the tribunal issues an award that summarises the evidence and submissions of both parties, and concludes with a single paragraph which states, "For…
It is trite that economic growth in Africa and the scale of investment into the region has thrust international arbitration to the forefront of dispute resolution on the continent. Indeed, the…
Following the entry into force of the new act on arbitration (Act LX of 2017 on Arbitration, the "Act") this year, the Arbitration Court attached to the Hungarian Chamber of Commerce and Industry ("…
2017 was yet another significant year for international arbitration.
Many arbitral institutions amended their arbitration rules, including:
- the Stockholm Chamber of Commerce (SCC) Arbitration Rules…
Introduction
In a much anticipated judgment in Slovak Republic v. Achmea B.V. (Case C-284/16), the Court of Justice of the European Union (“CJEU”) ruled yesterday that the arbitration clause…
