The United Arab Emirates (‘UAE’) ratified the New York Convention in July 2006. There are two ways to enforce foreign arbitral awards in UAE. The recommended one is using the two-level civil court system of the Dubai International Financial Centre (DIFC), since the DIFC courts are generally pro-arbitration and can be expected to enforce a […]
Investment Disputes: The Role of Third Party Funders
The Role of Third Party Funders in Investment Disputes In investment disputes, when the claimant decides to pull the trigger and bring forward, one can wonder what his options are to finance the arbitral proceedings. Claimants most often do not have much capital left and are in a distressed financial situation but their claims have […]
Investor-State Arbitration – Claimant’s Counsel’s Critical Choices
Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]
Russia’s Strategy on Quantum – Yukos Arbitration
RUSSIA’S STRATEGY NOT TO RESPOND SUBSTANTIVELY TO QUANTUM IN THE YUKOS ARBITRATION In order to help the Tribunal reach a proper valuation of Yukos Oil Company, Claimants put forward 13 possible scenarios. The claims ranged from USD 30 billions to USD 114 billions (Final Award, para. 1701 – 1710) and the three main sets of […]
Investor-State Emergency Arbitrator Award Enforced
Investor-State Emergency Arbitrator Award Enforced An investor-State emergency arbitrator award was enforced by a domestic court in Ukraine, as was initially reported by the Global Arbitration Review. This decision is interesting since it is the first known enforcement of an emergency arbitrator award against a State. Emergency arbitrator awards are non-binding on an arbitral tribunal, but remain in […]