Mediterranean Enterprises, Inc. v. Ssangyong Construction Co. concerns the interpretation of the words “arising hereunder” in an arbitration agreement. By way of background, the parties to the proceeding signed a “Preliminary agreement on Formation of a Joint Venture” in 1978. The agreement contained an Arbitration Clause, stating that “any disputes arising hereunder or following the […]
ARBITRATION AND RICO CLAIMS: FINAL AWARD IN ICC CASE N. 6320 (1992)
This ICC arbitration concerns arbitration and RICO claims, arising in the context of a plant built in Brazil. By way of background, a Contract was entered into in 1972. The Contract was governed by Brazilian law and the seat of arbitration was agreed to be Paris. The parties, Furnas, a Brazilian company (Claimant) and a […]
IMPREGILO S.P.A. V. ARGENTINE REPUBLIC (ICSID CASE NO. ARB/07/17) – AWARD of 21 June 2011
In 1996, Claimant was awarded a contract for a concession to privatize the water and sewer services of the Province of Buenos Aires. To execute the contract, Claimant incorporated AGBA (an Argentinean company). Under the contract, AGBA acquired the exclusive right to collect, treat, transport, distribute and commercialize water and sewage and, in return, was […]
HALL STREET ASSOCIATES, LLC v. MATTEL, INC. US Supreme Court (2008)
The case Hall Street Associates, LLC v. Mattel, Inc. relates to a dispute in relation to a lease which provided that the tenant would indemnify the landlord for any costs resulting from the failure of the tenant or its predecessor lessees to follow environmental laws while using the premises. A test in 1998 at the […]
The Presumption of Separability in International Arbitration
The presumption of separability in international arbitration means that the validity of an international arbitration agreement is separate and analyzed independently from the rest of a contract. It may be the case that only the arbitration agreement itself is valid while the rest of the contract is not, or vice versa. This presumption is recognized […]