The mechanism for referring questions regarding a preliminary ruling allows the national judge to ask the ECJ for a clarification on a point of EC law. Art 234 EC Treaty, governing preliminary…
Last week I attended a wonderful conference at Pepperdine Law School on international sports arbitrations administered by the Court of Arbitration for Sport (CAS). It is a remarkably sophisticated…
This week, many are talking about the long-awaited European Court of Justice judgments which have held Sweden and Austria in breach of their European Community Law obligations. (A third case against…
On August 14, 2008, while the armed conflict over Abkhazia and South Ossetia between Georgia and Russia was raging, Georgia filed a request for the indication of provisional measures with the…
Last week the ALI Reporters held an invitation-only meeting in New York with arbitration luminaries to discuss the first draft of the first-ever "Restatement of the U.S. Law of International…
In light of interest in the international arbitration community concerning investment treaty cases against Argentina since the 2001 economic crisis, we thought it could be useful to share Freshfields…
As reported several months ago – and confirmed last week – the International Centre for Settlement of Investment Disputes (ICSID) has a new Secretary-General.
Meg Kinnear comes to the post after…
Gary Born's magisterial new work International Commercial Arbitration, published in two volumes this year by Kluwer, represents, in the range and depth of its coverage, and in the rigour and…
Just over one week ago, two pieces of anti-arbitration legislation – the Arbitration Fairness Act of 2009 (H. R. 1020) and the Consumer Fairness Act of 2009 (H. R. 991) – were formally introduced in…
In its decision of 9 December 2008 (4A_403/2008), the Swiss Federal Supreme Court took the opportunity to clarify its practice regarding the enforcement of arbitral awards that are suspended at the…
