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 […]
William Kirtley and Zuzana Vysudilova Publish 2019 Guide on French Arbitration
William Kirtley and Zuzana Vysudilova recently published a 2019 guide on French arbitration law. The guide on arbitration in France was published by Law Business Research 2019, in its Getting the Deal Through series, and it is available below. Many arbitrations have their seat in France, which has a modern arbitration law and is the […]
Time Limitations and Stale Claims in Investment Arbitration
Investment arbitration sometimes deals with legal issues that are particularly well-rooted in national laws, whereas their application at the international level is less evident. One of these issues revolves around the concept of time limitations. In fact, host States of investment might build their defence based on this concept, arguing that investors’ claims are stale, […]
UNCITRAL Drafts for a Convention on the Enforcement of Mediation Settlement Agreements and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation
The United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II approved final drafts for a Convention on the Enforcement of Mediation Settlement Agreements (hereinafter “the draft Convention”) and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Model Law”). While these instruments need to […]
Fork in the Road Provision in Investment Arbitration
The fork in the road provision, or Electa una via, non datur recursus ad alteram (English translation: “when one way has been chosen, no recourse is given to another”[1]), belongs to a category of jurisdiction-declining provisions[2] marking “the relationship between international arbitration and adjudication by domestic courts.”[3] However, it should be noted that certain tribunals have […]