Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This article deals with new legislation concerning the nationalization of the diamond mining industry, while the first article, by Andy Moody and Richard Allen, covers a recently leaked ICSID award concerning Zimbabwean land reforms. Within the last few weeks, the Government of Zimbabwe under President Robert Mugabe announced that it would nationalize the entirety of Zimbabwe’s diamond mining…
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.…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October 2015, it became obvious that the idea to settle investor-state-disputes under TTIP through arbitration (commonly called Investor-State Dispute Settlement or ISDS) runs against strong and well-organized public resistance in many European countries, in particular Germany. European governments and the European Commission realized that insisting on ISDS could threaten the success of the whole TTIP project. The European…
Can witnesses in the course of an arbitral hearing be requested to testify on issues for which they…
Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is…
As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process for the allocation of costs with the principle that the unsuccessful party has to pay for the successful party (so-called “costs follow the event”). That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration” (“ICC Report”).[1] From this starting point, the ICC Report suggests, tribunals factor in other elements before they reach…
As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally…
Effective from 1 January 2016, the International Court of Arbitration at the International Chamber of Commerce (“ICC”) has…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…