The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC)…
Dedicated to the late Thomas Wälde, The Future of Investment Arbitration examines some of the current pressures on investment arbitration and looks toward the future of the system as a whole. The…
For international arbitrations seated in the United States, there has sometimes been a tension between the so-called "American rule" against the shifting of attorneys' fees and litigation costs to…
Kluwer Arbitration Blog is pleased to introduce Alexis Mourre as a guest blogger for the next month. Alexis specialises in international arbitration and international litigation with the law firm of…
In a decision dated 5 December 2008 (4A_376/2008), the Swiss Federal Court ("SFC") had the opportunity to address two legal topics in the context of international arbitration:
The first topic was the…
The relevance of the Supreme Court's Hall decision in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S. Ct. 1369 (2008) for the question of whether "manifest disregard of the law" can constitute…
In a post last month, I queried whether not-for-profit organizations could use bilateral investment treaties to challenge abusive treatment by host states.
My guess (and that of a colleague with whom…
On Tuesday, the United States Supreme Court decided Iran v. Elahi, a case that appears to fall within a data set of one. As I reported elsewhere, the case is extraordinarily complex, focusing on…
In two recently reported cases, parties to arbitrations have challenged arbitrator and/or institutional fees where the underlying awards have also been subject to annulment or set aside proceedings…
In the early 1990's, then World Bank Senior Vice President and General Counsel, Ibrahim Shihata, and then ICSID Legal Advisor, Antonio Parra, observed that there "was hardly any case law" on the full…
