Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]
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Obtaining Third-Party Funding for International Arbitration – How It Works
Obtaining third-party funding for international arbitration is not an easy process. Aceris Law LLC has already written about the issue here. When searching for third-party funding, prospective litigants often lack information on the requirements and knowledge of what is required to successfully fund an arbitration. By composing the following list, we hope to demystify the […]
Disclosure of Third-Party Funding in International Arbitration
The disclosure of third-party funding is becoming increasingly common in international arbitration proceedings. This is reasonable, as the fact that there is an outside influence on the case affects the decision-making process and impacts issues such as transparency, impartiality, independence and conflicts of interest. For instance, if a third-party funder has a conflict of interest […]
The Cost of Investment Arbitration: UNCITRAL, ICSID Proceedings and Third-Party Funding
Party Costs in Investment Arbitration In a recent article by Global Arbitration Review, the second edition of a recent empirical study reveals that the cost of investment arbitration is unfortunately on the rise yet again. Since 2013, average party costs were a massive USD 7.41 million for claimants and USD 5.19 million for respondents. Before then, […]
International Arbitration and Human Rights – Igor Boyko v. Ukraine
The issue of consolidation between international arbitration and human rights has always been subject to controversies and doctrinal debates[1]. One reason for these controversies stems from the fact that human rights law and investment law follow different objectives. As stressed by J. Paulsson, while the first “deal[s] with rights of individuals that are inalienable whether or […]
Provisional Measures in International Investment Arbitration – To What Extent Are They Binding and Enforceable?
The authority of arbitral tribunals to grant interim or provisional measures in international investment arbitration is today uncontested and represents current practice[1]. This “inherent power”[2] of arbitral tribunals is encompassed in multiple investment arbitration instruments, such as Article 47 of the ICSID Convention, Article 39 of the ICSID Arbitration Rules, Article 26 of the UNCITRAL Arbitration Rules and Article 1134 of the […]
Three Spanish Arbitration Centers- A Step Towards Unification?
On 18 December 2017, three of Spain’s most prominent arbitration centers signed a memorandum of understanding as a first step towards their unification. This is another of the efforts of the Spanish Government in an attempt to make Spain a more appealing center for international arbitration which would rival Paris, London, Singapore, Hong Kong and […]
International Commercial Arbitration in Puerto Rico
International commercial arbitration in Puerto Rico was modernised in 2012, when Puerto Rico finally amended its International Commercial Arbitration Law with the hope to become an attractive venue for companies and arbitration proceedings and therefore to make the most of its strategic location. The previous arbitration law which dated from the 1950’s was not adapted […]
Lessons from Venezuela: ICSID’s Post-Denunciation Phase
Protests. News bulletins. Calls for treaty reform and withdrawal. In a political and economic climate of a potential post-arbitration age, governments and communities are in the throes of debate. Going forward, however, leaders would be mindful to learn from the Bolivarian Republic of Venezuela and its recent ICSID debacle when it faced two series […]
