In the recent investment treaty case Alps Finance Trade AG v Slovak Republic, an UNCITRAL tribunal had to consider whether Alps had satisfied the obligation contained in Article 9 of the Switzerland-…
The Singapore Court of Appeal issued a decision recently articulating a principled framework for the arbitrability of insolvency-related claims. It provides useful guidance on when an insolvency-…
On 27 April 2011, the US Supreme Court in a 5-4 decision (AT&T Mobility LLC v Concepcion (563 US ____ (2011) 17)), concluded that due to the principle of finality, arbitration would be "poorly…
Whereto now, the Italian Torpedo?
Just when you thought the English arbitral scene could deliver no more surprises (the decision of the ECJ in West Tankers; the pending decision of the UK Supreme…
As has been chronicled in previous postings, the 2008 decision of an ICSID arbitral tribunal to award $1 Million (US) in “moral damages” to an injured company has been eyed covetously by other…
Conferences on arbitration frequently include a session on “drafting” dispute resolution clauses for international contracts. The term drafting is also included in the title of many articles, book…
This blog post ventures preliminary views on current critiques about ICSID annulments, and sketches out a few ideas that may merit further exploration. Some recent annulment decisions questioned…
Such a makeover will certainly not be achieved in sixty minutes. Sixty days will not nearly be enough. One would not, however, have to be too audacious to hope that India can reinvent itself as an…
[Editor's Note: Upon hearing the results of the Vis competition, I invited members of the winning team to do a blog post about their experience. Below are the reflections of the members of the…
Throughout 2010 and into this year there have been numerous entries on this blog dealing with various aspects of international arbitration’s lack of efficiency and runaway costs, and proposing…
