The 1975 Inter-American Convention on International Commercial Arbitration, also known as the “Panama Convention“, is a significant multilateral agreement of which not all in the arbitration community are aware. The Convention was open to signature by all 35 Members of the Organization of American States (OAS) and entered into force on 16 June 1976. This […]
News
Arbitration in Switzerland: New Developments
Arbitration in Switzerland is regulated by the Federal Law on Private International Law, in force since 1989 and amended once, in 2011. Earlier this year, on 11 January 2017, the Swiss Federal Council decided to publish a report proposing a certain number of amendments to the Federal Law on Private International Law, which is included […]
Duty to Disclose Third Party Funding in International Arbitration
Is there a duty to disclose third party funding in international arbitration? In the resolution of disputes through international arbitration, whether it involves cases of Investment or Commercial Arbitration, parties increasingly resort to so-called “third party funding” (“TPF”). TPF provides prospective parties to a dispute with the ability to request financing from other entities to […]
European Court of Human Right Judgement Ruled Unenforceable in Russia – Consequences for Yukos Investment Arbitration Awards
On 19 January 2017, Russia’s Constitutional Court ruled that the State was not under an obligation to comply with the European Court of Human Rights (“ECtHR”) Judgement in the Yukos Case, which awarded approximately EUR 1.9 billion in compensation to the company (the largest in the ECtHR’s history), because of Russia’s breach of the European […]
From International Investment Arbitration to an Investment Court System
Will an Investment Court System be better than the current arrangements for International Investment Arbitration? The EU and Canada appear to think so. In the recently-approved and signed Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada, a different approach to International Investment Arbitration is being put forward by the EU and […]
British Virgin Islands International Arbitration Centre
A new British Virgin Islands International Arbitration Centre (“BVI IAC”) was launched on 16 November 2016. This arbitration institution describes itself as an “independent not-for-profit institution” that was created to provide a “neutral, impartial, efficient and reliable dispute resolution institution in the Caribbean, Latin America and beyond.”[1] It was only on 25 May 2014 that […]
Indonesia ICSID Arbitration Found Inadmissible Due to Fraud
An Indonesia ICSID arbitration has been found to be inadmissible on the basis of fraud. By an award on 6 December 2016, the Arbitral Tribunal of the International Center for Settlement of Investment Disputes (ICSID) rejected Churchill Mining and Planet Mining Pty Ltd’s claim for compensation (USD 1.95 billion) against the Republic of Indonesia under […]
Istanbul Arbitration Centre
The Istanbul Arbitration Centre (‘ISTAC’) was established in 2015 in Istanbul, Turkey. The ever-developing Turkish economy and increasing numbers of Turkey-related disputes, both in International Commercial Arbitration and Investment Arbitration, have highlighted the importance and the role that this institution may assume in coming years. It is well within reason that the ISTAC may attract […]
Human Rights and Investment Arbitration: Parallel Proceedings
Human rights and investment arbitration are not opposed, and in fact there is a considerable degree of overlap. The European Court of Human Rights (‘ECtHR’) has been used as an alternative forum or supplement to Investment arbitration in multiple disputes. Even though the ECtHR and Investor-State Arbitral tribunals belong to prima facie different regimes, and […]
