The international arbitration tribunal is the independent and non-governmental panel of independent and impartial experts most often composed of three members nominated by the Parties (or appointed by the international arbitration institution, or more rarely by a national court) on the basis of their legal and practical expertise and knowledge, to render a final and […]
International Arbitration Agreements
International arbitration agreements usually take the form of clauses in commercial contracts or investment treaties by which the Parties agree to arbitrate future disputes (agreement to compromise). International arbitration agreements are stand alone contracts which, according to the separability doctrine, will survive the underlying contract which contains them in the event that such contract is […]
International Commercial Arbitration
International commercial arbitration is a consensual process of adjudication independent from a state’s executive, legislative and judicial powers by which the Parties to a cross border contract agree to submit a dispute to an arbitrator (or panel of arbitrators, usually three), nominated either directly by the Parties or for the Parties by an international arbitration […]
Investor-State Arbitration – Claimant’s Counsel’s Critical Choices
Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]
Contributory Fault And The Calculation Of Damages In Investment Arbitrations
The Yukos Arbitration, the largest arbitration award to date, provides insight into the manner in which contributory fault and the calculation of damages may be determined in investment arbitrations. The Arbitral Tribunal in the Yukos arbitration reduced the final amount to be awarded to Claimants by 25% for contributory fault because of their abuse of the […]