Attention to international arbitration data and metrics is a recent phenomenon. In a recent annual survey, users identified new areas of development that will be at the center of debate for the foreseeable future. International Arbitration Data: Measured Popularity and Flaws The Pros 97% of respondents support arbitration as the preferred method for cross-border disputes. There is […]
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International Arbitration in Bosnia and Herzegovina
Despite significant efforts towards the reform and modernization of its arbitration laws, arbitration in Bosnia and Herzegovina remains a rather underdeveloped and unpopular dispute resolution mechanism. Bosnia and Herzegovina was established as an independent State after the Balkan war of the 1990’s. The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the […]
HKIAC Arbitration Cases: 2017 Statistics
On 24 May 2018, the Hong Kong International Arbitration Center (“HKIAC”) released the caseload statistics Report for 2017, revealing the highest number of HKIAC arbitration cases ever administered. HKIAC reported a total of 532 new cases filed in 2017, which is 15.7 % more than in 2016 (see Report for 2016). This is the highest […]
Contributory Negligence in Investment Arbitration
Contributory negligence in investment arbitration (also known as “contributory fault”) corresponds to situations where an injured party has materially contributed, by a negligent (or wilful) act or omission, to the damage caused by an internationally wrongful act of a State. The contribution of the injured party is, therefore, taken into consideration by arbitral tribunals in […]
International Arbitration in Pakistan
International arbitration in Pakistan was long governed by two acts: The Arbitration Act 1940(AA) and the Arbitration (Protocol and Convention) Act, 1937(APC). When enforcing foreign arbitration agreements and foreign arbitral awards that met certain criteria, Pakistani Courts applied the APC, otherwise they applied the AA. The Courts, however, failed to apply criteria consistently. Furthermore, disputing […]
Vodafone versus India Investment Treaty Arbitration
The Vodafone versus India investment treaty arbitratoin has its origins in 2007 when Vodafone acquired a majority stake in India’s Hutchison Essar[1]. It was a Cayman island transaction. Essentially, Vodafone used the tax haven to escape the jurisdiction of India’s tax authorities. Retroactive Taxation It was therefore unsurprising when, in 2012, the Indian Supreme Court […]
Interim Measures by Emergency Arbitrators under the SCC Arbitration Rules
The SCC Arbitration Rules, as well as other leading arbitration rules, allow parties to an arbitration agreement to obtain interim measures in an expedited manner, even before an arbitral tribunal is in place, by appointing an Emergency Arbitrator (Appendix II to the SCC Arbitration Rules, Article 1(1)). After the decision on interim measures is rendered, […]
Enforcing an Investment Arbitration Award: When States Refuse to Pay
Enforcing an investment arbitration award against a sovereign State is not easy. It is particularly hard when that State firmly refuses to pay after losing an arbitration. Such a situation is obviously problematic for an investor. An investor must spend considerable resources, usually in the realm of millions of dollars, prior to receiving a favorable […]
Arbitration Disputes in the Banking Sector: Sudden Changes of Legal Frameworks
A sudden change of the banking sector legal framework has provoked a tide of arbitrations against South-Eastern European States. Interventionist measures enacted by host States of investment have harmed the position of foreign banks on the local market. Consequently, banks have decided to initiate arbitral proceedings to protect their interests. Countries in South-Eastern Europe have […]
