Sylvana Sinha’s recent article provides a very good explanation of current US jurisprudence concerning the recognition and enforcement of arbitral awards in New York, where many foreign arbitral awards are in practice enforced in the US. It analyzes the current judicial interpretation of the common law doctrine forum non conveniens, as well as the possibility of enforcement […]
Recent ICSID Cases Discussed in the Investment Arbitration Reporter
February 28, 2013 (Vol. 6, No. 5) 1. First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases 2. Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration 3. Sri Lanka breached BIT due to […]
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 […]