The OHADAC project is a project of legal integration in the Caribbean region, whose philosophy is similar to the OHADA’s in West Africa. The objective of the project is to advance legal and judicial integration of the Caribbean in order to ensure that a harmonized legal framework applies for the activities of Caribbean businesses. It […]
International Arbitration
Publication of ICC Arbitration Awards: 2019 Advancements in Transparency of ICC Arbitration
As most arbitrations are confidential, the publication of ICC arbitration awards has historically been uncommon. In January 2019, however, the ICC International Court of Arbitration adopted changes to its practice that will soon be implemented. In this regard, the ICC released an updated Note to the Parties and Arbitral Tribunals. Its main purposes were to […]
The IBA Rules v. The Prague Rules in International Arbitration
The taking of evidence in international arbitration can be a critical step in many international arbitrations. Parties, or the arbitral tribunal, have often made recourse to the International Bar Association Rules on Taking of Evidence in International Arbitration (“IBA Rules”), whether the parties made an express choice for them to apply or not. The IBA […]
A Inteligência Artificial na Arbitragem Internacional
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. […]
Economic Sanctions in International Arbitration
Issues concerning economic sanctions in international arbitration frequently arise. Economic sanctions are a commonly-used tool of foreign policy which can have a significant impact on the performance of parties’ contractual rights and obligations. While there are many ways in which economic sanctions may interfere with international arbitration, we will focus on the issue of the […]
