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 […]
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 […]
Swaziland ICSID Arbitration Notice Of Dispute
Swaziland ICSID Arbitration Notice Of Dispute For The Expropriation Of Shareholding In Joint Venture A notice of dispute against Swaziland has been submitted to the King of Swaziland, His Majesty the King Mswati III, as well as his Prime Minister and other Government entities. Brought on behalf of the foreign investor Southern Africa Resources Limited (“SARL”), the […]
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 […]
William Kirtley Discusses Interim Measures To Prohibit The Sale Of Assets During Arbitration With BBC News.
William Kirtley Discusses Interim Measures To Prohibit The Sale Of Assets During Arbitration With BBC News. Interviewed by BBC News (BBC Mundo) in relation to Petróleos de Venezuela S.A.’s planned sale of its American assets, William Kirtley discussed the possibility of prohibiting the the sale of State-owned assets through interim measures issued by arbitral tribunals or through […]