Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment arbitration. In recent years, several investment arbitration tribunals have dealt with applications for security for costs: – Rawat v. Mauritius (cf. article on GAN) – RSM v. Saint Lucia (cf. article on GAN) – Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan (cf. article on GAN) Once…
A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced…
The European Union and Japan have announced the main elements of a new economic partnership agreement, which has…
This table can provide a general overview only. The rules listed may not be applicable in all circumstances. Where rules distinguish between domestic and international arbitrations, only the rules applicable to international arbitrations are reflected in the table. Key: Y = Yes; N = No/Not Available/None; ? = uncertain, discretionary, or only in very specific circumstances. For further details, please see the main body of this Yearbook or contact our local office for specific advice. CountryInstitutionExpress Confidentiality…
Moving towards more gender diversity in international arbitration has gained traction. In our last year’s article, we predicted…
2016 has been another busy year for the world’s arbitral institutions. This is reflected by the institutions’ caseload…
In its decision of 28 September 2016,[1] the Austrian Supreme Court (“OGH”) partially set aside an arbitral award due to a violation of the procedural ordre public as the arbitral tribunal insufficiently reasoned its decision as to one request filed in the arbitral proceedings. 1. The challenged arbitral award in a nutshell Claimant (who also claimed to set aside the arbitral award) and Respondent (both in the underlying arbitration and the setting aside proceedings) were…
Tribunal dismisses investor’s claims because of breach of admissibility requirements under the applicable BIT in the ICSID case…
As we discussed in our blogpost last year, in March 2016, England’s Lord Chief Justice, Lord Thomas, delivered…
A. Introduction International arbitration is often referred to as the area of globalization “par excellence.” Indeed, it is the preferred means of dispute resolution for multinational companies.[1] It brings together parties, counsel and arbitrators from diverse legal backgrounds, and these various legal influences make international arbitration a “live” example of the globalization of law.[2] Over the past 10 years, international arbitration has experienced spectacular growth in both commercial and investor-state arbitration. Trade is occurring more…