Investment arbitration is a procedure to resolve disputes between foreign investors and host States (also called Investor-State Dispute Settlement or ISDS). The possibility for a foreign investor to sue a host State is considered as a guarantee for the foreign investor that, in the case of a dispute, it will have access to independent and qualified arbitrators who will solve the […]
News
Duzgit Integrity Arbitration
On 5 September 2016 an award was issued by a PCA tribunal in a dispute between Malta and São Tomé and Príncipe, also known as the “Duzgit Integrity Arbitration”. The PCA issued a Press Release on 12 September 2016, available at https://pca-cpa.org/wp-content/uploads/sites/175/2016/09/Press-release-dated-12-September-2016.pdf The proceedings were instituted by Malta on 22 October 2013 under Chapter VII of […]
Rectification of Awards under the ICSID Convention
The rectification of an award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions and minor technical errors in an award. It enables the arbitral tribunal to correct mistakes that may have occurred in the award’s drafting in a non-bureaucratic and expeditious manner. Such corrections are provided for in Article 49(2) of the ICSID Convention: […]
New Russian Arbitration Law
A new Russian arbitration law has entered into force. On 29 December 2015, Russia signed the Law on Domestic Arbitration in the Russian Federation (“DCA Law”) with the Law on amendments coming into effect on 1 September 2016. It replaces the Law of the Russian Federation No. 5338-1 on International Commercial Arbitration of 7 July 1993, […]
Croatia v Slovenia PCA Arbitration
The highly-politicized and controversial Croatia v Slovenia Maritime delimitations arbitration, a PCA arbitration concerning the countries’ sea and land frontier dispute, will continue after all, ruled the PCA tribunal in a partial award on 30 June 2016. The proceedings were interrupted in July 2015 when Croatia raised concerns about the impartiality and independence of the Slovenian arbitrator, Jernej […]
The 2016 SIAC Rules
To celebrate its 25 years of establishment, the Singapore International Arbitration Centre (“SIAC”) has drafted the “2016 SIAC Rules”, replacing the 2013 Rules. These new Rules came into effect on August 1, 2016. The 2016 SIAC Rules are described as “a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules”[1]. The 2016 […]
Montenegro ICSID Arbitration Track Record
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 […]
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 […]
