In the well-known case Encana v. Ecuador, the Arbitral Tribunal refused to order interim measures on the basis of there being no irreparable damage. On January 8, 2004, Claimant requested an urgent hearing of an application for interim relief regarding the enforcement of certain measures that the Ecuadorian government had taken against one of its […]
International Arbitration
THE ENFORCEMENT OF ICSID AWARDS
The recognition and enforcement of ICSID awards is governed by Articles 53, 54 and 55 of the ICSID Convention. A party who seeks enforcement of an ICSID award may do so in any ICSID Contracting State, under the same conditions, and may simultaneously do so in more than one State.[1] The choice of enforcement forum […]
Customer (Italy) v. Service provider (Switzerland), Final Award CAM Case No. 1115/16, 10 December 2015
This case relates to the issue of the validity of a contract between two parties involved in an international arbitration under the arbitration rules of the Milan Chamber of Arbitration. In the case, the Claimant filed for a request for arbitration before the Chamber of Arbitration in Milan seeking damages for the termination of the […]
Arbitration Institutions in Serbia
The largest and oldest of the arbitral institutions in Serbia was the Foreign Trade Court of Arbitration, established in 1947, which is an independent entity within the Serbian Chamber of Commerce and Industry. In addition, another arbitration institution under the same Chamber which existed was the Permanent Court of Arbitration. As of 30 June 2016, […]
Successful State Counterclaims in Investor-State Arbitration : The Case of Burlington Resources Inc v. the Republic of Ecuador
Successful State counterclaims in investor-State arbitration were found on 7 February 2017. The counterclaims were brought by Ecuador in response to claims by Burlington Resources Inc, a U.S.-based foreign investor. In its counterclaims, Ecuador alleged breach of its national environmental law by Burlington Resources and breach of contractual obligations and sought USD 2.8 billion in […]
Arbitration in Oman
Arbitration in Oman is common. It is frequent for parties to include arbitration clauses in their contracts, which is especially the case in energy, purchase, construction and commercial agency agreements. Arbitration is considered to be an efficient and reliable mechanism for dispute resolution in Oman, as arbitral awards may be rendered within 12 months in […]
Limits to the Police Powers Doctrine
According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]
Choice of Law in International Commercial Arbitration
One perk of international arbitration is the possibility to avoid choice-of-law complexities that inevitably arise in an international dispute, although choice of law in international commercial arbitration can pose an issue. There are four different choice-of-law issues in international arbitration that arise: Determination of the substantive law applicable to the merits of the case Determination […]
Hrvatska osporava arbitražnu odluku UNCITRAL Tribunala u slučaju MOL
Kao što je to prethodno bilo i najavljeno od strane hrvatskog premijera Andreje Plenkovića, Hrvatska je odlučila da pokuša da ospori i poništi arbitražnu odluku koju je doneo UNCITRAL Tribunal u decembru prošle godine, kojom se hrvatske optužbe vezane za korupciju odbacuju kao neosnovane. Hrvatska je pokrenula arbitražni postupak još 2014. godine prema UNCITRAL pravilima […]
