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, […]
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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 […]
The Singapore International Arbitration Centre (“SIAC”)
The Singapore International Arbitration Centre, or SIAC, is a leading arbitration institution that provides a neutral and independent dispute resolution platform to businesses around the world and especially those involved in business in Asia. The SIAC’s main mission is to provide arbitration case management services to parties involved in arbitration proceedings from all over the […]
The Art Arbitration Court: “Arbitration for Art’s Sake”
Introduction In June 2018, a new art arbitration court will open its doors to address and resolve exclusively art-related disputes. Named the “Court of Arbitration for Art”, its two main organizers are the Netherlands Arbitration Institute and the Authentication in Art Foundation. They will help to oversee mediation and arbitration services. It will be the first […]
International Arbitration in Uzbekistan
International arbitration in the former Soviet Republic of Uzbekistan may be becoming a more trusted alternative to court litigation, with recently proposed changes in form of a draft international commercial arbitration law. Changing the arbitration law is the first and most important step towards Uzbekistan opening up to foreign investments and local arbitral institutions becoming […]
MFN Clauses: Recent Developments in Investment Arbitration
The applicability of MFN clauses (“most-favoured nation” clauses) remains a controversial topic in investment arbitration. The Maffezini tribunal[1] was the first arbitral tribunal that interpreted the applicability of an MFN clause to allow the importation of a more favourable treaty provision in a published award. In this case, the MFN clause effectively removed the local litigation […]
States as Claimants in Investment Arbitration
In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]
Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016
The Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016 is the first written submission that the Respondent to an arbitration must file. This memorial will typically set the main lines of its defence, which will be subsequently developed. The Notice of Arbitration as well as the Response are the first documents that […]
