Transparency in Investment Arbitration: Entry into Force of the Mauritius Convention On 18 April 2017, Switzerland became the third UN Member State to ratify the 2015 United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration (“The Mauritius Convention”). The Mauritius Convention reaffirmed the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (UNCITRAL Rules) and […]
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Mednarodna arbitraža: Slovenija dobila dostop do odprtega morja?
Mednarodna arbitraža. Senat Stalnega arbitražna sodišča (SAS) v Haagu je pod predsedstvom Gilberta Guillauma v Haagu je 29. junija 2017 razglasil težko pričakovano končno razsodbo v mejnem sporu med Slovenijo in Hrvaško. Arbitražni postopek je potekal na podlagi arbitražnega sporazuma, ki sta ga Slovenija in Hrvaška podpisali 4. novembra 2009. Arbitri so soglasno določili kopensko in […]
Final Award in PCA Arbitration Between Slovenia and Croatia
The long-awaited Final Award regarding the PCA arbitration between Slovenia and Croatia has finally been issued. It was rendered on 29 June 2017, ruling upon the border dispute between the Republic of Slovenia and the Republic of Croatia. The Arbitral Tribunal, presided by Judge Gilbert Guillaume, rendered its Final Award on the basis of an […]
Enforcement of Arbitration Awards in France
The annulment of an arbitration award by a foreign jurisdiction is not a ground for refusing the enforcement of arbitration awards in France. The constant position of the French courts on the enforcement of foreign arbitration awards has been recalled by the Tribunal de Grande Instance d’Every in a decision of 10 February 2017, reproduced […]
Arbitration in Brazil
Arbitration in Brazil has developed significantly over recent decades. The latest ICC statistical report for the year 2016 shows an increasing number of Brazilian parties using arbitration, with 123 Brazilian parties compared to 112 in 2014, placing Brazil in 3rd place in party-rankings worldwide. Brazil is today described as having a pro-arbitration legal regime and […]
The ICC Arbitration Clause – International Chamber of Commerce
By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration. This also implies that the International […]
Aceris Co-Sponsors Conference on the Protection of Foreign Investments
Aceris Law co-sponsored a one-day-conference on international arbitration and the protection of foreign investments organised on June 2, 2017 by Student Societies from 4 French universities: the Association des Juristes de Droit International (Paris 1 Panthéon-Sorbone), the Association du Master 2 de Droit International Economique (Paris 2 Panthéon-Assas), the Association des Anciens Etudiants de Droit […]
Provisional Measures in ICSID Investment Arbitration
The International Centre for the Settlement of Investment Disputes (ICSID) Convention allows parties to an ICSID arbitration to request provisional measures from arbitral tribunals. Provisional measures are frequently requested in the course of arbitrations, and the ICSID has compiled a comprehensive table with past requests for provisional measures, showing when requests for provisional measures in […]
Enforcement of an ICSID Arbitration Award in the United Kingdom and EU Law
The enforcement of an ICSID investment arbitration award in the United Kingdom can be a complex matter, especially when doing so would arguably violate EU law. In January 2017, the UK High Court delivered a judgement to stay enforcement proceedings of the final ICSID award in the case of Ioan Micula and others v Romania, […]
