The European Court of Justice issued its eagerly awaited judgment in the so-called West Tankers or Front Comor case on 10 February 2009. To many in the arbitration community, especially those based…
Global Arbitration Review recently reported that the August 27, 2008 Award in Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24) was selected as the Best Award and the Most…
As someone who straddles the worlds of specialized and mainstream media, I can appreciate how difficult it is to report on international arbitration for different audiences.
It’s much easier writing…
In recent years the international arbitration community seems to be obsessed with the issue of arbitrator impartiality, independence and bias. The 2004 IBA Guidelines were followed by the LCIA’s 2006…
Questions regarding the future of the FAA are no longer of passing concern. With a Democratic President and a Democratic Congress, there is a significant likelihood that some version of the proposed…
This month, the British Institute of International and Comparative Law (BIICL) is hosting a roundtable discussion on the global financial crisis and international investment arbitration.
By many…
The American Society of International Law is pleased to join a number of organizations and institutions contributing to this on-line discussion of current issues in international arbitration. We…
Parties involved in foreign litigation have a powerful U.S. discovery tool at their disposal in 28 U.S.C. § 1782(a). Section 1782(a) provides that a federal district court “may order” a person “resid…
In its decision of 6 October 2008 (5A_201/2008), the Swiss Federal Supreme Court had another opportunity to address its practice regarding conflicts of interests of part-time judges and arbitrators.…
What exactly is a foreign investor?
To the layperson, it may seem self-evident: a national of one country who invests in another country.
But in an era when foreign investors often enjoy much more…
