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Lack of Arbitrators’ Power to Decide on the Validity of an Arbitral...
Gelila HaileArbitration is one of the preferred modes of private dispute settlement. Off its several traits, the cornerstone is the fact that it is based primarily on party autonomy and enables the...
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Chinese Court Recognizes and Enforces a KCAB Award: A Closer Look at the...
Sue Hyun LimIntroduction In March 2019 China’s Tianjin 1st Intermediate Court (“Tianjin Court”) rendered a decision dated 4 March 2019 (2018 Jin-01-Xie-Wai-Ren No. 1), granting an application for...
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New Trends For Dual Nationals Claims. Is the Ballantines Award Relevant For...
Pablo MoriIt is said that states lose more times than investors in investment arbitration. Indeed, ICSID surveys reveal that while investors receive an award of costs in 41.4% of the cases, states...
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Arbitration Tribunals’ Curtailed Jurisdiction in Armenia: Again “No” to the...
Mushegh ManukyanMore than four years have passed since the Armenian Cassation Court—the highest court in Armenia—held in its EKD/1910/02/13 (2014) decision (“Cassation Court Decision”) that only state...
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The Passports’ Game: Chronicle Of A Foretold Death For Dual Nationals’ Claims
Pablo Mori BreganteIn a previous post, which discussed the Ballantines award, the author concluded that doors for dual nationals’ claims are being closed, including for non-ICSID cases where the...
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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