A inteligência artificial (IA) é o futuro e, de certa maneira, já faz parte das nossas vidas quotidianas e da arbitragem internacional. Apesar da resistência tradicional, a verdade é que a tecnologia entrou na arbitragem internacional através da videoconferência, dos registos eletrónicos, da utilização de ferramentas de digitalização de documentos e do recurso às bases […]
Denial of Justice in International Investment Law
The principle of denial of justice embodies the maladministration of justice by local courts.[6] Prohibited acts of the local judiciary mainly revolve around access to justice, discrimination and the slow or non-existent execution of court decisions which are favorable to a foreign investor.[7] One of the oldest and most oft-cited definitions of denial of justice […]
Cape Verde Arbitration – 158th Contracting State to the New York Convention
Cape Verde, through Resolution 26 / IX / 2017 of 7 February, approved its accession to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), becoming the 158th contracting State to the New York Convention. Following its ratification, on 22 March 2018, the Secretary-General of the United Nations confirmed […]
Summary Determinations in International Arbitration
A Summary Determination Procedure in international arbitration, also known as an Early Determination Procedure or Expeditious Determination or Early Dismissal of Claims and Defences, is the determination of points of law or fact by the arbitral tribunal at an early stage of the arbitral proceedings. A request for such a summary determination is often made […]
The Salini Test in ICSID Arbitration
Article 25(1) of the ICSID Convention states that “[t]he jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment”. The manner in which tribunals have applied this provision has gradually evolved and has been subject to considerable debate. The Salini Test has been at the heart of this debate. […]