International commercial arbitration is a consensual process of adjudication independent from a state’s executive, legislative and judicial powers by which the Parties to a cross border contract agree to submit a dispute to an arbitrator (or panel of arbitrators, usually three), nominated either directly by the Parties or for the Parties by an international arbitration […]
A Short Analysis of the Kılıç Ad-Hoc Committee’s Decision on Annulment: Can an Investor Directly Apply to International Arbitration without Resorting to Local Courts?
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 […]
DCF Method of Valuation – Yukos Arbitration
THE DCF METHOD OF VALUATION IN THE YUKOS ARBITRATION In most investment arbitrations, the Discounted Cash Flow method of valuation (DCF method of valuation) is becoming the norm used by Tribunals to do the valuation of ongoing profitable companies, but is it the right way? The DCF valuation method has become very popular and is […]
The New ICC Expert Rules Enter Into Force On 1 February 2015
New ICC Expert Rules Enter Into Force On 1 February 2015 The new ICC expert rules allow parties to use the ICC to (1) propose experts, (2) appoint experts and (3) to administer expert proceedings. Three separate set of rules are included in the new ICC expert rules, rather than one as under the previous version […]
The ICSID Arbitration Rules (Current As Of June 2014)
The ICSID Arbitration Rules (Current As Of June 2014) The ICSID Arbitration Rules are used for resolving investor-State arbitrations brought under the auspices of the International Centre for Settlement of Investment Disputes (“ICSID”), which is the arbitration arm of the World Bank. The ICSID Arbitration Rules were last updated in 2006, following public criticism of […]