Since signing the ICSID Convention in 2012, Montenegro’s ICSID arbitration track record has been perfect. Montenegro has now been successful in both cases brought against it under the ICSID Convention. MNSS BV and Recupero Credito Acciaio NV v. Montenegro (ICSID Case No. ARB(AF)/12/8) First, Montenegro prevailed in a dispute with MNSS BV and Recupero Credito Acciao, Netherlands-registered investors in a […]
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Arbitration in Saudi Arabia: 2012 Saudi Arbitration Regulations
Arbitration in Saudi Arabia has changed significantly since 2012 when Saudi Arabia enacted a new arbitration law replacing thirty-year old arbitration regulations. Saudi Arbitration Law (Royal Decree No. M/34) came into force on 7 July 2012, bringing a significant number of modern solutions and reforms to Saudi Arabia’s arbitration framework. The law is based on the […]
Arbitrage sportif – Qu’est que le tribunal arbitral du sport ?
Cet été, le Tribunal Arbitral du Sport (TAS) a constamment fait la une des journaux. En effet la condamnation du skieur Martin Sundby pour dopage, la procédure de suspension de Maria Sharapova (ancienne numéro 1 mondiale russe de Tennis), l’affaire Sepp Blatter (ancien président de la FIFA) ou encore toutes les procédures liées aux jeux […]
Multiparty Arbitrations under the 2014 LCIA Rules
The last decade has seen a rising number of arbitrations involving two or more parties. So-called complex and multi-party arbitrations raise numerous practical issues in international arbitration, involving but not limited to the questions of who are the parties to an arbitration agreement, the possibilities of an “extension” of an arbitration agreement, the joinder of a third party, the consolidation of […]
Recent Developments: International Commercial Arbitration in Qatar
The Qatari Cabinet at a meeting in June 2016 ordered taking necessary measures for the issuance of the draft law on international commercial arbitration in Qatar, after having been briefed on the recommendation of the Advisory Council with respect to the draft law, issued in 2015. Over the past few years, through the widespread ratification of the New […]
Challenge of an ICC Arbitrator under the 2012 ICC Rules: Which Criteria does the ICC Court Apply?
Which criteria does the ICC Court apply when deciding arbitrator’s challenges? This is an interesting question with no straightforward answer, especially taking into account that the ICC Court has yet to begin publishing decision on challenges, although it has recently begun providing its reasoning to Parties with respect to its decisions on challenges. The 2012 ICC […]
Moldova Investment Arbitrations
In recent years, Moldova has seen a rise in the number of investment arbitrations filed against it. As its judicial system struggles to eliminate corruption and inefficiency, international arbitration is seen as an important tool and a guarantee for international investors. The protection of foreign investments is an important issue in the Moldovan political agenda, since one of its goals is to attract more […]
Emergency Arbitrator Award
Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]
Document Production under the LCIA Rules
Under Article 15 of LCIA Rules[1], parties only need to submit essential documents, which means identified documents that are relevant to the case and material to its outcome. This concept is common in international arbitration, but differs from English common law traditions, which require far more rigorous disclosure[2]. In order to encompass arbitration held both in common law […]
