Contractual parties sometimes attempt to manipulate a counterparty into a repudiatory breach of the arbitration agreement, often as a means of exiting an unfavourable contract. These tactics were the…
Valuing a mine that has been expropriated before it ever produced anything remains a hotly contested area of international investment arbitration. This issue has particular relevance to Australia:…
Choosing an arbitrator is not just about experience and credentials, but it is also about intuition, signalling, and strategic alignment. It is about loading the dice.The same is true in liability…
In recent years, investment treaty arbitrations involving bankruptcy issues have been on the rise, reflecting the growing intersection between insolvency and international investment law. This…
On June 7, 2023, an ICC tribunal issued an award that will redefine risk allocation in the construction industry. The arbitration was initiated by Refinería de Cartagena S.A.S. ("Reficar"), a wholly…
