My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article to argue that this…
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…
Adjudicating contract disputes where it is alleged that the contract has been tainted by bribery, either in its procurement or in its performance, presents difficult issues for arbitrators, as well…
Amendment to the International Chamber of Commerce Rules of International Arbitration
The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to…
The ASA seminar on “Arbitral Institutions under Scrutiny” on 9 September in Zurich yielded some interesting insight in the practice of arbitration institutions, and views of well-known practitioners…
Luke Peterson passed along a tip about this interesting declaration attached to the U.S.-Rwanda Bilateral Investment Treaty:
Articles 3 through 10 and other provisions that qualify or create…
The CIArb's Survey into the Costs of International Arbitration has now been published. It's a fascinating survey worthy of study and discussion. Here's a brief summary of some of the findings:
"…
In 1961, three years after the adoption of the New York Convention, the European Convention on International Commercial Arbitration was adopted in Geneva (the Geneva Convention). At the time, the…
In keeping with the popular saying that ‘a bad settlement is better than a good lawsuit,’ it is not unusual for parties in an arbitration to suspend the proceedings and explore a settlement.
Any…
In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to…
