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 […]
International Arbitration Tribunal
The international arbitration tribunal is the independent and non-governmental panel of independent and impartial experts most often composed of three members nominated by the Parties (or appointed by the international arbitration institution, or more rarely by a national court) on the basis of their legal and practical expertise and knowledge, to render a final and […]
International Arbitration Agreements
International arbitration agreements usually take the form of clauses in commercial contracts or investment treaties by which the Parties agree to arbitrate future disputes (agreement to compromise). International arbitration agreements are stand alone contracts which, according to the separability doctrine, will survive the underlying contract which contains them in the event that such contract is […]
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 […]