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 […]
International Arbitration
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 […]
ICC Arbitration Rules
The ICC Rules of Arbitration (“ICC Arbitration Rules”) have had numerous revisions over the years, but there has been a surprising level of continuity since they were first published nearly a century ago. All versions of the ICC Arbitration Rules to date may be downloaded below. The ICC Arbitration Rules were first published in 1922, […]
SIAC Arbitration Rules
The SIAC Rules of Arbitration (“SIAC Arbitration Rules”) are applied in the arbitral proceedings when Parties have agreed to SIAC arbitration to resolve their dispute. Used for settlement of international arbitration disputes, they represent an important recourse under the auspices of the Singapore International Arbitration Center (SIAC). With its presence in Singapore, China, India and […]
ICSID Arbitration Rules
The ICSID Rules of Arbitration (hereinafter “ICSID Arbitration Rules”) have undergone a number of revisions since they were published in 1968, all of which may be found below. The ICSID Arbitration Rules (1968-today) The first version of the ICSID Rules of Arbitration was published in 1968, only two years after the ICSID Convention, and is […]
DIAC Arbitration Rules
The DIAC Rules of Arbitration (“DIAC Arbitration Rules”), which may be downloaded below, are applied in arbitral proceedings when Parties have agreed to DIAC arbitration to resolve their dispute. The DIAC was first created in 1994 and was initially known as the Center for Commercial Conciliation and Arbitration located in the Dubai Chamber of Commerce […]
