Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
ICC Counterclaims In International Arbitration – The French Cour de Cassation’s Perspective
The Cour de cassation’s (the French supreme court) recent ruling could be positive news for litigants lacking the resources to pay the ICC’s advance on costs. Pirelli (Italy) brought arbitration proceedings against Licensing Projects (Spain) (LP) over a trade mark dispute in 2007. Later that year, a Spanish court placed LP into a formal insolvency […]
Can Russian Investors Initiate Arbitration Against Cyprus to Recover their Losses?
Many Russian depositors are facing losses of up to 40 percent in Cyprus, and are currently considering their legal options. Should one of these options be initiating an investment treaty arbitration against Cyprus for expropriation on the basis of the 1997 Russian Federation-Cyprus bilateral investment treaty, which is included here: IAA-Bilateral-Investment-Treaty-Between-Russia-and-Cyprus. Such a claim could most […]
Recent Survey on International Arbitration and Mediation Is Mixed, but Does Not Have to Be
A recent survey of corporate counsel for Fortune 1,000 companies, undertaken by Cornell and Pepperdine, paints a mixed picture of the health of international arbitration and mediation. Although the approach of general counsel at large companies to conflict management is anything but consistent, it is typically based on the issue of how to control costs […]
Transparency in International Arbitration
There have been calls for more transparency with respect to international arbitration, which remains poorly understood by the public at large. For an example of such a misunderstanding, one need look no further than the recent French police raids on the homes of three highly-distinguished arbitrators, Denis Bredin, Pierre Estoup and Pierre Mazeaud, in reaction […]