One of the more intriguing investment arbitration decisions rendered in 2008 has to be the final award in Desert Line Properties (DLP) v. Yemen.
In their February 2008 award, a tribunal of three…
One hundred years ago international arbitration was viewed as the great hope for world peace. No international tribunals were yet in existence, but the Permanent Court of Arbitration was up and…
The much-awaited decision of the European Court of Justice ("ECJ") in Allianz SpA v. West Tankers Inc, Case C-185/07 in February this year has focused renewed attention on the remedies available to a…
The Japan Commercial Arbitration Association (the "JCAA") introduced their International Commercial Mediation Rules (the "Rules") on 1 January 2009. The JCAA has followed the lead of other…
In Switzerland, the Federal Supreme Court has recently, and for the first time, had the opportunity to hear and reject the challenge of an award rendered pursuant to the Expedited Procedure (Article…
What could be more basic? Arbitrations begin with each side naming an arbitrator. References are occasionally made to "the fundamental right" to name one's arbitrator.
But there is no such right.…
George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
American Bar Association's International Law Section Criticizes the ABA Dispute Resolution Section's Subcommittee Draft on Arbitrator Disclosure Guidelines
It has been interesting to watch the strong…
In recent weeks, there has been widespread condemnation of the Sudanese government’s decision to expel 13 international aid agencies operating in Darfur.
The expulsions came, of course, as…
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS). In the run-up to the…
