United Nations Commission on International Trade Law
24-Mar-2017 Kluwer Arbitration Blog
The place of arbitration matters because the law at the place of arbitration determines the procedural frame for the arbitration and therefore may have important consequences.
In reality, the EU’s plans are not realistic in the current international context, nor will they appease ISDS critics
The Singapore International Arbitration Centre launched its Investment Arbitration Rules 2017, potentially marking a new chapter in the institutional administration of investor-State arbitration proceedings.
Cabinet’s endorsement of the draft International Arbitration Bill in April this year gave a welcome indication that South Africa would soon provide investors with one of the essential tools for operating in the modern global economy.
30-Sep-2016 Kluwer Arbitration Blog
Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation.
International trade agreement provisions once meant to protect investors today can challenge a nation’s sovereignty and invalidate environmental laws.
In recent years, a new type of claim has been emerging in the field of investment treaty arbitration, whereby investors initiate proceedings against their own state before an international arbitration tribunal.
1-Sep-2015 News Nation
The amendment to Arbitration Act will be taken up in the forthcoming Parliament session. The amended act would be on par with the United Nations Commission on International Trade Law (UNCITRAL) system.
18-Aug-2015 JD Supra
Why Argentina’s petition to vacate an wward in AWG Group Ltd v. Republic of Argentina matters for future arbitrations
Argentina filed with the U.S. District Court for the District of Columbia a petition to vacate an UNCITRAL arbitration award, which could have broader implications for determining partiality of arbitrators.
30-Mar-2015 Investment Arbitration Reporter
ANALYSIS: India invites comments on draft model investment treaty; text offers radical departure, and calls to mind Norway’s past efforts at revision
One of the most striking features of the draft model is its jettisoning of the fair and equitable treatment standard in favor of a standard — egregious or outrageous behaviour — that hearkens back to legal touchstones of an earlier era.
The UN Convention on Transparency in Treaty-Based Investor-State Arbitration has been opened for signature.
A proposal for a new form of international arbitration, with states abandoning sovereign rights to commercial dispute litigation in favor of resolution by arbitration, has provoked wide public interest and is now being drafted into an international model treaty.
Argentina settles five outstanding investment treaty arbitration claims in historic break with its anti-enforcement stance
Argentina has agreed to settle five separate investment treaty arbitration claims at a cost of around USD 500 million, in an historic departure from the Latin American state’s refusal to comply with awards made by international investment treaty arbitration bodies.
25-Nov-2011 Canberra Times
Despite the compelling rationale that the public has a stake, Philip Morris’ claims will not be heard in an Australian court by respected judges, but by an ad-hoc tribunal that will meet in Singapore or another foreign country.
24-Nov-2008 Multinational Monitor
British water giant Biwater cannot use an investment treaty to make Tanzania pay millions for an abrogated water privatization contract, an international tribunal ruled in July.
28-Oct-2006 Legal Week
A number of African governments have made efforts to encourage investment in the continent by entering into bilateral investment treaties and adopting arbitration legislation.
Mining company Oxus Gold PLC said it is seeking an arbitration order to protect its investments in Kyrgyzstan, following the government-sponsored seizure of premises owned by Talas Gold Mining Co, Oxus’ joint venture company at Jerooy. Oxus said that representatives of Jerooyaltyn, a recently created joint venture between Kyrgyzaltyn and Global G.o.l.d, and local police forcibly took possession of the building on Thursday in direct contravention of the UK-Kyrgyz Bilateral Investment Treaty and Kyrgyz law.
Proposals tabled by the Vienna-based UNCITRAL Secretariat could make it more difficult for observers to discover and monitor international arbitrations taking place under the UNCITRAL rules.
Pakistan has asked the United States to sign the proposed Bilateral Investment Treaty (BIT) by dropping its demand that in case of an arbitration only the Washington based International Centre for Settlement of Disputes (ICSID) should be approached for a decision.
The Czech Republic can argue its case that Japanese investment bank Nomura is liable for billions of crowns in damage, according to an interim award issued Sept. 7 by an UNCITRAL arbitral tribunal seated in Zurich.