Arbitration is only possible when both the claimant and the respondent have consented to it. In Investment Treaty Arbitration specifically, an investor can “perfect consent” by accepting an offer to arbitrate in an investment treaty. This article explores the significance of ICSID Denunciation in light of Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, C.A. […]
Aceris Law Publishes Guide to Arbitration in France
Aceris Law, an international arbitration boutique, has recently published a guide to arbitration in France for 2018, which is available at the following link:https://www.acerislaw.com/arbitration-france/ Written by the international arbitration lawyer William Kirtley and Marie-Camille Pitton, the guide, published in Getting the Deal Through, provides an overview of most legal issues concerning arbitration in France and Paris, the […]
International Arbitration in Kyrgyzstan
International arbitration in the ex-Soviet Republic of Kyrgyzstan, as was the case in most ex-Soviet republics, was not a popular dispute resolution mechanism until 15 years ago. Today, international arbitration in Kyrgyzstan is governed by the Law on Arbitration Courts (2002). The Kyrgyz Law on Arbitration Courts is a modern law largely based on the UNCITRAL Model […]
State Counterclaim in Investment Arbitration
An ICSID arbitral tribunal awarded approximately USD 40 million in damages to Ecuador for the foreign investor’s liability for the costs of restoring the environment in an area concerned by the investment. This award of a counterclaim in investment arbitration was made by an arbitral tribunal composed of Gabrielle Kaufmann-Kohler, Brigitte Stern and Stephen Drymer in […]
Consent in Investment Arbitration
Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]