This decision relates to the Respondent’s request to disqualify one of the arbitrators, namely Mr. Bernardo M. Cremades, who had been appointed by the Claimant. The Claimant had filed for arbitration at the ICSID on 29 September 2011 under the ICSID Convention and the Investment Code of the Republic of Guinea. The Parties agreed that […]
ICSID Arbitration: Arbitral Tribunal Disqualification Fails
In the context of the ICSID Arbitration BSG Resources Limited and others v. Republic of Guinea, concerning a mining concession, an arbitral tribunal disqualification aimed at an entire arbitral tribunal has failed. The ICSID Administrative Council dismissed a request for the disqualification of the entire arbitral panel by Claimants, which was based on an adverse […]
The OHADA Arbitration Act
The OHADA Arbitration Act is potentially applicable for arbitrations with their seat in Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, the Democratic Republic of Congo (ex-Zaire), the Ivory Coast, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, the Republic of the Congo (Congo-Brazzaville), Senegal, Chad and Togo. The OHADA (Organisation pour l’harmonisation en Afrique du […]
States That Are Not Parties To The New York Convention
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, typically called the New York Convention, entered into force on 7 June 1959 and is the bedrock of modern arbitration. This international convention requires courts of the 149 contracting States, to give effect to arbitration agreements and to recognize and enforce arbitration awards in all other […]
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 […]