Whilst many institutional rules now contain provisions which expressly address the complex issue of consolidation, the recently revised rules of the International Centre for Dispute Resolution (the "…
One of the recurrent controversial issues in the investment arbitration practice relates to the application of the general rule of treaty interpretation of the Vienna Convention on the Law of…
By José Miguel Júdice and Luís Castilho, PLMJ – Sociedade de Advogados
Three years after the entry into force of the Portuguese Tax Arbitration Regime, the European Court of Justice (“the Court”) has…
By Georg von Segesser / Elisabeth Leimbacher / Katherine Bell, Schellenberg Wittmer Ltd.
In two almost identical German language decisions dated 27 March 2014 (Decisions 4A_362/2013 and 4A_448/2013)…
In a recent decision, the United States Court of Appeals for the Second Circuit considered Pemex’s allegations insufficient to sustain RICO jurisdiction in the Conproca vs. Pemex case. This prompts…
By Lorraine M. Brennan, Esq
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…
Time Sensitive
Over the next two weeks, two surveys will be gathering input from dispute resolution professionals on the challenge of enforcing settlement agreements across borders.
The surveys are…
The recently published Award in Apotex Holdings Inc. and Apotex Inc. v. United States of America (Apotex III Award) is the first NAFTA award to apply the doctrine of res judicata. The Apotex III…
Let’s get this straight: When awarded to persons, including foreign investors, moral damages are compensatory in nature. They are not discretionary. They are not symbolic. They are not exemplary.…
During the last few years, a series of court decisions in India have strengthened the pro-arbitration stance in the Indian judiciary. In BALCO (2012), the Supreme Court of India limited the…
