A legal regime which asks the victim of a frivolous legal proceeding to subsidise the costs of the perpetrator is unjust and is bound to provide incentives for more frivolous proceedings. For a long…
Introduction
The case of Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 ("Rakna Arakshaka") was a timely opportunity for the Singapore High Court (“SGHC”)…
Founded 20 years ago, the Organization for the Harmonization of Business Law in Africa (OHADA) is a group of 17 African States who have joined efforts to enact unified legislation in all areas of…
Increased investment in South East Asia has led to a growth in the supply and demand for dispute resolution services in the region. Indonesia is no exception, with disputes increasingly submitted to…
James Crawford described the principle of state immunity as "…a rule of international law that facilitates the performance of public functions by the state and its representatives by preventing them…
Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation. This post…
There is a saying in Bosnia and Herzegovina: “A tree does not grow from the sky”.
In the same vein, an arbitration-friendly legal environment does not come about without much persistence and hard…
The Report from the inquiry of the Australian Senate’s Foreign Affairs, Defence and Trade References Committee into Australian treaty-making practices comes at a time when increasing pressure is…
On the 24th of June, the United Nations Conference on Trade and Development ('UNCTAD') launched its 2015 World Investment Report. The Report, titled “Reforming International Investment Governance”,…
