Dispute resolution clauses often provide for negotiations, conciliation or a similar procedure before arbitration. Both UNCITRAL Model Law on International Commercial Arbitration and the Russian law…
In this blog I return to the theme of investor misconduct, albeit in a different context from my previous posts: host state criminal investigations during investment treaty arbitration proceedings…
In its first newsletter of the year 2010, the Swiss Chambers' Court of Arbitration and Mediation was able to announce a high increase in arbitration cases submitted to the Court under the Swiss Rules…
Under the Russian legal system, the last resort a party has with respect to challanging a court decision is to apply to the Constitutional Court of the Russian Federation with a claim to review the…
I spent some time earlier this month covering the Chevron-Ecuador hearings that took place in the Federal District Court in New York City.
Much has been written about the outcome of those proceedings…
Given that the arbitration clause is often relegated to the status of boiler-plate during contractual negotiations, it will come as no surprise that arbitration clauses may be inadequately drafted.…
I am grateful to Professor Hess for his comments on my 3 March 2010 blog. It greatly contributes to advancing the debate. However, it also perfectly illustrates the difficulties of a proposition –…
En arbitraje, a pesar de la cada vez mayor armonización a nivel internacional, siguen existiendo muchos temas en los que cada jurisdicción aporta un enfoque distinto, normalmente sobre cuestiones que…
Unlike arbitration which is quite solidly supported by legislation (the law of the Russian Federation “On International Commercial Arbitration”, which is almost completely based on the UNCITRAL Model…
I have always found the submission of expert legal opinions on matters of international law to investment treaty tribunals rather odd. Why are expert opinions needed and what is their status? To…
