By Turgut Aycan Özcan & Timuçin Demir Everything concerning the Kılıç Ad-Hoc Committee’s Decision on Annulment of course started with the decision rendered in the ICSID case between a Turkish construction company, Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (“Kılıç”), and Turkmenistan. Kılıç had filed an ICSID case (ICSID Case No. ARB/10/01) against Turkmenistan […]
Thibault De Boulle Guest Post On Third-Party Funding In International Arbitration
Thibault de Boulle has kindly offered the IAA Network a guest post on third-party funding, which may be read below. Please do not hesitate to let us know if you have any arbitration-related materials that you would like to have published on the IAA Network, since we always welcome additional materials that are pertinent to […]
Consent and Nationality In ICSID Jurisprudence: Two Old Chestnuts of ICSID Jurisdiction Revisited
Consent and nationality are two concepts of deep significance in ICSID jurisprudence. Consent forms a fundamental pillar of ICSID jurisdiction, and counsel for would-be ICSID claimants regularly advise their clients to express their consent to arbitrate as early as possible. Nationality is an equally core component of ICSID jurisdiction, with the place of incorporation test […]
Damages in International Arbitration – Yukos Arbitration
THE VALUATION DATE FOR DAMAGES IN INTERNATIONAL ARBITRATION – YUKOS ARBITRATION The valuation date for damages in international arbitration is clearly important, and it does not always coincide with date suggested by the Parties in an international arbitration. The Yukos arbitration illustrates this point. The two most significant valuation dates for damages, from a quantum […]
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration?
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration? While the impact of different legal cultures on international arbitration is a topic that is frequently explored, since it impacts such issues as discovery, the scope of the written procedure and the scope of the oral proceedings, one basic […]