International arbitration must of necessity rely on the courts to uphold and enforce arbitral awards and to support the arbitral process. In words of Professor Jan Paulsson, "the great paradox of…
It is well settled that there is no rule of precedent in investment arbitration and arbitrators are not bound by decisions rendered by previous tribunals. Nevertheless, investment arbitration…
The US District Court for the District of Vermont, part of the Second Circuit that also embraces New York and Connecticut, recently compelled a Canadian businessman (Mr. Kastner) to arbitrate his…
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Characterized as a topic…
The following thoughts are written aware of the fact that a blog is personal and informational and not a substitute for an academic article. In this spirit the thoughts expressed here are, while…
The case of Perenco Ecuador Limited v Republic of Ecuador, ICSID Case No. ARB/08/6 (Decision, 12 September 2014), is one of a number of investor-state disputes to arise from the Ecuadoran government'…
On 4 December 2014, the Advocate General (“AG”) of the CJEU handed down an opinion in the Gazprom case (C-536/13) which will surprise. The case concerns the compatibility with EU Regulation 44/2001 (…
and Paula Gibbs, Chapman Tripp
Introduction
The spotlight continues to shine on third party funding in international arbitration, following the recent Alemanni decision and unsuccessful…
On November 17, 2014, the tribunal in Alemanni v. Argentine Republic issued its long-anticipated decision on jurisdiction and admissibility. Alemanni is the third in a series of large-scale…
For many years, the standard of review by French courts of awards rendered in international arbitration proceedings on grounds of violation of international public policy has been controversial.…