Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […]
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A Procedural Guide to FIFA Dispute Resolution
Headquartered in Zurich, Switzerland, the Fédération Internationale de Football Association (FIFA) is the international governing body of association football,[1] with 211 affiliated associations across the globe.[2] Among its objectives are the regulation and governance of all aspects of the game of football,[3] which it facilitates through the FIFA Statutes (which serve as the organisation’s constitution), as […]
The Impartiality Test: How Unbiased Can an Arbitrator Truly Be?
“It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done”[1], Lord Hewart said and made history. How unbiased can an arbitrator truly be? This note showcases the tests and challenges of impartiality in arbitration. The “Impartiality […]
International Arbitration in Hainan
International arbitration in Hainan has gained prominence in recent years due to China’s strategic development of the Province of Hainan as a free trade zone, a free trade port and, generally, an international business hub. Hainan is positioned to play a key role in handling commercial disputes, particularly within the context of cross-border investments and […]
Claiming Interest in Arbitrations in the Middle East
Sharia law shapes the legal frameworks in the Middle East. Traditionally, it was the primary uncodified source of law in the region. However, throughout the 20th century, many Middle Eastern countries developed their own Civil Codes, which continue to be rooted in Sharia principles. One of the key areas where Sharia law exerts substantial influence […]
Arbitration and Winding Up: Diverging Approaches
Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Multi-Tiered Dispute Resolution Clauses
Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]
Arbitrations and Related Cases Involving Rio Tinto
Arbitration is an important mechanism for resolving mining disputes, which are often complex, high-stakes disputes involving tens of millions of dollars or more. As a prime example of a company engaged in mining and associated controversies, Rio Tinto stands out. This British-Australian multinational corporation is among the largest metal and mining firms globally, and it […]
Arbitrations During the Paris Olympics
The Paris 2024 Olympics took place from 26 July to 11 August 2024 and were marked not only by remarkable athletic achievements but also by significant arbitration disputes. The Court of Arbitration for Sport (CAS) and its temporary offices played a crucial role in resolving disputes during the Olympic games. The CAS carefully reviewed decisions […]
