The New York Convention compels its 157 contracting Parties to enforce arbitration awards: “A New York Convention award may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”. This enforcement requirement, found in Section 101 of the Arbitration Act 1996, is however […]
Award on Costs
Aceris Publishes Guide on Arbitration in France and Paris (2018 Edition)
Aceris Law, a Getting the Deal Through National Expert, has recently published the 2018 guide for Arbitration in France, which is available below for consultation or download. The guide examines the most significant issues regarding arbitration in France, in relation to commercial and investment disputes with French elements. It describes investment arbitration issues (bilateral investment […]
State Counterclaim in Investment Arbitration
An ICSID arbitral tribunal awarded approximately USD 40 million in damages to Ecuador for the foreign investor’s liability for the costs of restoring the environment in an area concerned by the investment. This award of a counterclaim in investment arbitration was made by an arbitral tribunal composed of Gabrielle Kaufmann-Kohler, Brigitte Stern and Stephen Drymer in […]
International Commercial Arbitration in Puerto Rico
International commercial arbitration in Puerto Rico was modernised in 2012, when Puerto Rico finally amended its International Commercial Arbitration Law with the hope to become an attractive venue for companies and arbitration proceedings and therefore to make the most of its strategic location. The previous arbitration law which dated from the 1950’s was not adapted […]
Argentina Arbitration Legal Reform
Argentina’s economy seems to be heading into the right direction after the devastating economic crisis experienced 15 years ago, which led to dozens of cases against Argentina at International Center for Settlement of Investment Disputes (ICSID). In addition to a very comprehensive political and economic reform, the Argentinian government is also undertaking a legal reform […]
Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)
This ICC arbitral award concerns the notion of estoppel and a Representation Agreement between the parties, and whether a contract was valid and enforceable despite a United Nations embargo, with respect to a contract under Swiss law. While the contract was being performed, an Iraq embargo was ordered by the United Nations following the invasion […]
GETMA INTERNATIONAL, NCT NECOTRANS, GETMA INTERNATIONAL INVESTISSEMENTS & NCT INFRASTRUCTURE & LOGISTIQUE v. THE REPUBLIC OF GUINEA – ICSID 28 June 2012
This decision relates to the Respondent’s request to disqualify one of the arbitrators, namely Mr. Bernardo M. Cremades, who had been appointed by the Claimant. The Claimant had filed for arbitration at the ICSID on 29 September 2011 under the ICSID Convention and the Investment Code of the Republic of Guinea. The Parties agreed that […]
MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD
The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]
BG GROUP PLC. V. REPUBLIC OF ARGENTINA – CASE NO. U.S. 12-138 (2014) – U.S. SUPREME COURT
In this dispute, the Claimant was part of a consortium owning majority shares in MetroGas, for the distribution of natural gas in Buenos Aires. Before the 2001 financial crisis, Argentinean law provided that gas tariffs were calculated in US dollars for profitable returns. However, the crisis led to emergency measures, one of which implemented a […]
