Introduction In June 2018, a new art arbitration court will open its doors to address and resolve exclusively art-related disputes. Named the “Court of Arbitration for Art”, its two main organizers are the Netherlands Arbitration Institute and the Authentication in Art Foundation. They will help to oversee mediation and arbitration services. It will be the first […]
International Arbitration
International Arbitration in Uzbekistan
International arbitration in the former Soviet Republic of Uzbekistan may be becoming a more trusted alternative to court litigation, with recently proposed changes in form of a draft international commercial arbitration law. Changing the arbitration law is the first and most important step towards Uzbekistan opening up to foreign investments and local arbitral institutions becoming […]
MFN Clauses: Recent Developments in Investment Arbitration
The applicability of MFN clauses (“most-favoured nation” clauses) remains a controversial topic in investment arbitration. The Maffezini tribunal[1] was the first arbitral tribunal that interpreted the applicability of an MFN clause to allow the importation of a more favourable treaty provision in a published award. In this case, the MFN clause effectively removed the local litigation […]
Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016
The Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016 is the first written submission that the Respondent to an arbitration must file. This memorial will typically set the main lines of its defence, which will be subsequently developed. The Notice of Arbitration as well as the Response are the first documents that […]
Bilateral Arbitration Treaties (BAT’s): An Update
A recent proposal for a new form of international arbitration through bilateral arbitration treaties has yet to catch fire. Part of the reason may stem from user uncertainty. Bilateral Arbitration Treaties: The Idea Bilateral Arbitration Treaties have captured increasing interest since their initial proposal in 2012.[1] Modelled upon bilateral investment treaties (“BIT’s”), Bilateral Arbitration Treaties […]
Le principe de libre transfert dans l’arbitrage d’investissement
La clause de libre transfert figure généralement parmi les clauses protectrices des investissements des investisseurs étrangers prévues par les traités bilatéraux d’investissement (ci-après les « TBI »). Ce blog se focalisera tant sur le contenu de ce principe de protection que sur les restrictions légitimes pouvant y être apportées. Le contenu du principe de libre transfert Par […]
United Arab Emirates to Approve New Arbitration Law
The UAE parliament[1] has approved a new arbitration law based on the UNCITRAL Model Law. The Cabinet of Ministers will make a final review of the new UAE arbitration law and, afterwards, it will enter into force once the Supreme Council and Sheikh Khalifa Bin Zayed Al Nahyan sign it. Experts do not expect any more in-depth […]
ICSID Caseload Statistics
Recently, the International Centre of Settlement of International Dispute (“ICSID”) announced a new case record.[1] According to its caseload statistics published on 2 February 2018, the institution registered a record of 53 claims over 2017. Out of these cases, 49 were submitted under the ICSID Convention, while 4 were conducted under the ICSID Additional Facility rules. The […]
International Arbitration in V4 Countries
V4 Countries, also known as the Visegrad Group, is a political and cultural alliance formed in 1991 by four Central European countries – the Czech Republic, Hungary, Poland and Slovakia. International arbitration in V4 countries is not a centralised matter. Consequently, this area is subject to the legislation of each State. This blog provides a […]
