Transparency in Investment Arbitration: Entry into Force of the Mauritius Convention On 18 April 2017 Switzerland became the third UN Member State to ratify the 2015 United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration (“The Mauritius Convention”). The Mauritius Convention reaffirmed the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (UNCITRAL Rules), and […]
Arbitration in Brazil
Arbitration in Brazil has developed significantly over recent decades. The latest ICC statistical report for the year 2016 shows an increasing number of Brazilian parties using arbitration, with 123 Brazilian parties compared to 112 in 2014, placing Brazil in 3rd place in party-rankings worldwide. Brazil is today described as having a pro-arbitration legal regime and […]
ICC Arbitration Clause
By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration. This also implies that the International […]
The Protection of Foreign Investments: Towards a Reaffirmation of the State?
Aceris Law co-sponsored a one-day-conference on international arbitration and the protection of foreign investments organised on June 2, 2017 by Student Societies from 4 French universities: the Association des Juristes de Droit International (Paris 1 Panthéon-Sorbone), the Association du Master 2 de Droit International Economique (Paris 2 Panthéon-Assas), the Association des Anciens Etudiants de Droit […]
FIRST OPTIONS OF CHICAGO, INC. v. KAPLAN: Arbitrating the Question of Arbitrability U.S Supreme Court (1995)
This dispute arose out of a “workout” agreement, embodied in four separate documents, which governed the “working out” of debts to First Options that MKI incurred as a result of the October 1987 stock market crash. In 1989, after entering into the agreement, MKI lost an additional USD 1.5 million. First Options then took control […]