The OHADA Arbitration Act is potentially applicable for arbitrations with their seat in Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, the Democratic Republic of Congo (ex-Zaire), the Ivory Coast, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, the Republic of the Congo (Congo-Brazzaville), Senegal, Chad and Togo. The OHADA (Organisation pour l’harmonisation en Afrique du […]
British Virgin Islands International Arbitration Centre
A new British Virgin Islands International Arbitration Centre (“BVI IAC”) was launched on 16 November 2016. This arbitration institution describes itself as an “independent not-for-profit institution” that was created to provide a “neutral, impartial, efficient and reliable dispute resolution institution in the Caribbean, Latin America and beyond.”[1] It was only on 25 May 2014 that […]
Investment Arbitration Award Enforcement – Yukos Saga Continues
Investment arbitration award enforcement can at times be difficult due to issues such as sovereign immunity, but November 2016 has proven to be an especially difficult month for the Yukos Awards enforcement saga. First, the Financial Times revealed Rosneft emails to Armenian judicial authorities, which suggested that Rosneft may have had a hand in manipulating […]
Successful Challenge of Arbitration Award before the French Conseil d’Etat
On 9 November 2016, following the challenge of an arbitration award before the French Conseil d’Etat, France’s highest administrative court, the administrative court rendered an interesting new decision on the issue of its power to review an international arbitration award in the context of a public contract. This decision arises out of an ICC award […]
Judgment-Proof Claimants in ICSID Arbitration
The issue of judgment-proof claimants in ICSID arbitration has recently been a focus of attention. As a matter of fact, the Republic of Panama sent a memorandum to ICSID on 12 September 2016, available below, exposing the difficulties of sovereigns being unable to collect costs awards in their favour and requesting the ICSID to examine […]