Angola, which has one of the largest economies in sub-Saharan Africa, has recently modernized its legislation and is opening up to international arbitration as part of a wider legal reform. Arbitration in Angola is governed by the Law No. 16/03 of 25 July 2003 also known as the “Voluntary Arbitration Law” or the “VAL”. The VAL […]
International Arbitration in Kyrgyzstan
International arbitration in the ex-Soviet Republic of Kyrgyzstan, as was the case in most ex-Soviet republics, was not a popular dispute resolution mechanism until 15 years ago. Today, international arbitration in Kyrgyzstan is governed by the Law on Arbitration Courts (2002). The Kyrgyz Law on Arbitration Courts is a modern law largely based on the UNCITRAL Model […]
Consent in Investment Arbitration
Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]
Arbitration Proceedings without an Arbitration Clause
Introduction Many fail to realise that arbitration proceedings are entirely possible in the absence of an arbitration clause in an underlying contract. The ability to launch arbitration proceedings depends exclusively on the parties’ will since this dispute resolution method is purely consensual. The required will (or consent to arbitration) is often, but not always, encompassed […]
Special Authorisation for the Conclusion of an Arbitration Agreement under Slovenian Law
Slovenian Law states that an authorised person needs a “special authorisation” for the conclusion of an arbitration agreement. Similar provisions are found in other laws in the Middle East and other ex-Yugoslavian States. According to Article 76 of the Slovenian Obligations Code, a general authorisation, valid for “legal transactions classed among ordinary business” does not suffice: […]