Perhaps the most high-profile case in the debate over investor-state arbitration in recent years has been the investment treaty claim by Philip Morris against the Australian Government, concerning the introduction of tobacco plain packaging rules. Opponents have relied on the case to highlight the perceived risk of “regulatory chill” caused by the proliferation of “secret courts”, while many proponents had hoped that the case would result in an award that carefully balanced the State’s “right…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause…
“Investment arbitration” is a hot topic not only but also because the Europeans refuse to accept the respective…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is true even if the substantive law governing the dispute follows the civil law tradition. In that case, however, the provisions in the substantive law build upon the premise that there is no document production. Does this lead to a conflict between substantive and procedural law in international arbitration? It can be very difficult for a claimant to…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields,…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available. The ninth edition of an annual series established by the Firm in 2007, this volume comprises reports on arbitration in key jurisdictions around the globe. Leading lawyers of the Firm’s International Arbitration Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends in the jurisdictions in which they practice. Each chapter…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October…
Parties who choose arbitration as an exclusive dispute resolution mechanism for their contracts usually agree that their disputes…
Recent Developments The Hong Kong International Arbitration Centre (“HKIAC”) and the ICC International Court of Arbitration (“ICC”), two of the world’s leading arbitral centres, have recently taken steps to address the problem of costs and delay in international arbitration. As outlined in the 2015 International Arbitration Survey on Improvements and Innovations in International Arbitration by Queen Mary University of London (“2015 Survey”), costs and delay were “ranked by respondents as amongst the worst characteristics of…