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 […]
International Arbitration
Cost and Duration of Arbitration
Over the past year, several arbitration institutions have released summaries of data regarding the cost and duration of arbitration. Such institutions include the London Court of International Arbitration (“LCIA”) (data from 3 November 2015), the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) (data from 24 February 2016) and the Singapore International Arbitration Centre […]
New Arbitration Centre in India
A new arbitration centre in India is opening in the Indian city of Gurugram, located just southwest from New Delhi. The initiative for this new arbitration centre came from the Punjab and Harayana High Court. Although due to lengthy administrative procedures and government approvals it might take a few years for it to become operative, […]
International Arbitration and Greek Sovereign Debt: Poštová Banka v. Hellenic Republic
International arbitration and Greek sovereign debt make uncomfortable bedfellows according to one Arbitral Tribunal in the case Poštová banka, a.s. and ISTROKAPITAL SE v. Hellenic Republic.[1] In 2015, an Arbitral Tribunal was tasked to decide on the legality of the Private Sector Involvement Agreement, which was challenged by foreign Greek Government Bond owners, in an […]
Inter-American Convention on International Commercial Arbitration (The Panama Convention)
The 1975 Inter-American Convention on International Commercial Arbitration, also known as the “Panama Convention“, is a significant multilateral agreement of which not all in the arbitration community are aware. The Convention was open to signature by all 35 Members of the Organization of American States (OAS) and entered into force on 16 June 1976. This […]
Arbitration in Switzerland: New Developments
Arbitration in Switzerland is regulated by the Federal Law on Private International Law, in force since 1989 and amended once, in 2011. Earlier this year, on 11 January 2017, the Swiss Federal Council decided to publish a report proposing a certain number of amendments to the Federal Law on Private International Law, which is included […]
Duty to Disclose Third Party Funding in International Arbitration
Is there a duty to disclose third party funding in international arbitration? In the resolution of disputes through international arbitration, whether it involves cases of Investment or Commercial Arbitration, parties increasingly resort to so-called “third party funding” (“TPF”). TPF provides prospective parties to a dispute with the ability to request financing from other entities to […]
European Court of Human Right Judgement Ruled Unenforceable in Russia – Consequences for Yukos Investment Arbitration Awards
On 19 January 2017, Russia’s Constitutional Court ruled that the State was not under an obligation to comply with the European Court of Human Rights (“ECtHR”) Judgement in the Yukos Case, which awarded approximately EUR 1.9 billion in compensation to the company (the largest in the ECtHR’s history), because of Russia’s breach of the European […]
From International Investment Arbitration to an Investment Court System
Will an Investment Court System be better than the current arrangements for International Investment Arbitration? The EU and Canada appear to think so. In the recently-approved and signed Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada, a different approach to International Investment Arbitration is being put forward by the EU and […]
