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The British Steel Takeover and the UK-China Bilateral Investment Treaty
The takeover of the Chinese-owned British Steel Limited by the UK Government under the Steel Industry (Special Measures) Act 2015 can lead to the submission of a dispute to investment treaty...
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Towards the End of the ‘Sultan de Sulu’ Case in France: The Hidden Influence...
The famous saga Sultan de Sulu is coming to an end in France with the French Cour de cassation (Cass. Civ. 1re 6 November 2024, hereinafter the “Ruling”) upholding the Paris Court of Appeal’s decision...
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Bifurcators Beware: Australia’s Highest Court Dismisses Appeal Against...
Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in CBI...
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Encavis AG and Others v. Italy, Yet Another Award in the Italian Renewable...
On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other...
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Kompetenz-Kompetenz: Should the Arbitral Tribunal Exclusively Determine...
Under the UNCITRAL Model Law and the laws of many ‘arbitration friendly’ jurisdictions, courts must refer a matter subject to a valid and operative arbitration agreement to arbitration if requested by...
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When the Bell Doesn’t Save You: Favianca and Jurisdiction After ICSID...
This Post analyzes the recent award in Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (“Favianca”). This is the first award to rely on...
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Economic Crime and International Investment Law: Current Issues
The Twenty-eighth ITF Public Conference on Economic Crime and International Investment Law, hosted by the British Institute of International and Comparative Law (BIICL) on 22 May 2017, attracted 13...
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Permanent Court of Arbitration tribunal issues landmark interpretation of...
Introduction On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited award on...
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ICSID Tribunal dismisses investment treaty claims against Oman (Part I): The...
By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International Convention for...
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Addressing the Problem of the ‘Unknown’ Claimant in Investor-State Arbitration
As Mariel Dimsey has observed, a key challenge posed by investment treaties is that – at the point of ratification – they expose States to arbitrations of ‘as-yet-unknown scope and against...
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Amendments to the Brazilian Arbitration Law: Supplementary Arbitral Awards...
On 27 July 2015 the Bill amending to the Brazilian Arbitration Law will come into force, introducing significant changes in the arbitration legal framework, which, according to the stated purpose of...
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Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of...
It is well known that the Singapore Court of Appeal refused enforcement of Awards in favour of Astro in 2013 (discussed here), on the grounds that the tribunal lacked jurisdiction over the claimants....
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Singapore Court Reviews Investment Arbitral Tribunal’s Decision On...
and Paul Tan, Jawad Ahmad and Victor Steinmetz, Rajah & Tann Singapore LLP In what marks the first time where a Singapore court reviews an investment arbitral tribunal’s jurisdiction, the High...
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Case Note – Guaracachi America Inc & Rurelec Plc vs Bolivia: Multiple bites...
An arbitral award (PCA Case No. 2011-17, 31 January 2014) arising out of the nationalisation of an electricity generation business in Bolivia has provided useful guidance on: (1) the ability of...
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Damages as a Sanction for Commencing Court Proceedings in Breach of an...
Arbitration proceedings sometimes spawn a host of parallel court proceedings. It is not unheard for parties to seek to instrumentalise courts, sometimes with the complicity of the courts themselves,...
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C v D: Hong Kong in Step with the Admissibility Versus Jurisdiction Debate
The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and they have been covered extensively in academic...
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Limits, Latitude, and Lacunae: Rare Set-aside of Award in CBX v CBZ
The Singapore Court of Appeal (“CA”) recently handed down CBX and anor v CBZ and ors [2021] SGCA(I) 3 (“CBX”), setting aside, exceptionally, the awards.1)The views expressed in this article are solely...
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Decisions of the Paris Court of Appeal and French Supreme Court in 2019
Although some might have considered 2019 a bit “lackluster”,1)Th. Clay, Panorama – Arbitrage et modes alternatifs de règlement des litiges: novembre 2018-décembre 2019, Dalloz, 26 December 2019. a...
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Kabab-Ji: The Effect Of No Oral Modification Clauses On Non-Signatories Of...
On 20 January 2020, the Court of Appeal delivered its judgment in Kabab-Ji SAL (Lebanon) v. Kout Food Group (Kuwait) [2020] EWCA Civ 6. This post will focus on the Court’s findings on “no oral...
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China’s Top Court Says No to Arbitrability of Private Antitrust Actions
Kai-chieh ChanPrivate antitrust actions were long thought to be non-arbitrable due to the public law character of antitrust law, though the scope of non-arbitrability has been reduced to varying...
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