The valuation date of an expropriated investment represents a crucial factor in assessing the amount of compensation to be paid in investor-State arbitrations, as the value of investments may change dramatically over the course of time. Arbitral tribunals are keenly aware that the value of investments change over time. For example, the Iran-US Claims Tribunal […]
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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 […]
The SCC Arbitration Rules
Introduction As part of its 100-year anniversary in January 2017, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) launched its new Arbitration Rules. The product was the result of a three-year undertaking by the Rules Revision Committee, who met regularly to discuss existing practices and to respond to user demand. The SCC’s previous […]
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 […]
ICDR Arbitration Rules
The ICDR Rules of Arbitration (“ICDR Arbitration Rules”), which may be downloaded below, are applied in arbitral proceedings when Parties have agreed to ICDR arbitration to resolve their dispute. The ICDR is the international division of the American Arbitration Association (AAA) and was established in 1996. The ICDR disposes of offices throughout the United States […]
