On 14 October 2014, an UNCITRAL arbitral tribunal in the case Valeri Belokon v. Kyrgyz Republic, whose composition included Kaj Hober, Niels Schiersing and Jan Paulsson as President, found Kyrgyzstan liable for the unlawful expropriation of Claimant’s investment. The investment claim had been brought in 2011 by Valeri Belokon, a Latvian investor, against the Kyrgyz […]
International Arbitration
Validity of Appellate Arbitration Clauses
The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]
Arbitraj – procedură specifică, alternativă sau paralelă sistemului instituit de stat
Soluționarea litigiilor comerciale pe calea arbitrajului este o procedură specifică, alternativă sau paralelă sistemului instituit de stat. În statele ex-sovietice timp îndelungat soluționarea conflictelor s-a realizat prin decizii ale statutului. După care arbitrajul comercial a fost legiferat și în Republica Moldova pentru litigii din domeniul civil cât și comercial. Globalizarea comerțului internațional, precum și nevoia […]
Diversity in International Arbitration
Diversity in international arbitration tribunals remains a hot topic among practitioners. Desired goals have been set on multiple occasions, especially with respect to gender diversity, and on 10 January 2017, Berwin Leighton Paisner released an annual arbitration survey (“Diversity in International Arbitration: Are We Getting There?”) to evaluate where things stand. The survey is provided below. […]
ICSID Arbitration: Arbitral Tribunal Disqualification Fails
In the context of the ICSID Arbitration BSG Resources Limited and others v. Republic of Guinea, concerning a mining concession, an arbitral tribunal disqualification aimed at an entire arbitral tribunal has failed. The ICSID Administrative Council dismissed a request for the disqualification of the entire arbitral panel by Claimants, which was based on an adverse […]
Kosovo Telecom Arbitration
The largest commercial arbitration in the youngest European State – the Kosovo Telecom arbitration – has come to an end. In a dispute between local mobile operator Dardafone, operating in Kosovo under the trading name Z Mobile, and Telekom Kosovo, at the time known as PTK, an ICC Tribunal seated in London has ordered Dardafone […]
Arbitration in Iran
Many international commercial agreements including arbitration as a preferred dispute settlement mechanism as compared to local courts have been signed with Iranian parties, some of which call for arbitration to take place in Iran in the event of a dispute. Iran has a modern arbitration regime and advanced domestic legislation already in place concerning arbitration. […]
The OHADA Arbitration Act
The OHADA Arbitration Act is potentially applicable for arbitrations with their seat in Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, the Democratic Republic of Congo (ex-Zaire), the Ivory Coast, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, the Republic of the Congo (Congo-Brazzaville), Senegal, Chad and Togo. The OHADA (Organisation pour l’harmonisation en Afrique du […]
ICC Court Reveals Record Number of Arbitration Cases in 2016
The International Court of Arbitration of the International Chamber of Commerce (ICC) based in Paris announced on 18 January 2017 a record number of arbitration cases in 2016. It indicated that it had administered 966 new cases in 2016, which is the highest number of cases in this institution’s 94-year-old history.[1] In 2015, 17% fewer […]
