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The Presumption of Separability in International Arbitration

15/05/2017 by International Arbitration

Presumption of Separability in International Arbitration

The presumption of separability in international arbitration means that the validity of an international arbitration agreement is separate and analyzed independently from the rest of a contract. It may be the case that only the arbitration agreement itself is valid while the rest of the contract is not, or vice versa. This presumption is recognized […]

Filed Under: Arbitration Information, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, France Arbitration, International Arbitration Law, Switzerland Arbitration, UNCITRAL Arbitration, United Kingdom Arbitration, United States Arbitration

Denial of Justice in Investment Arbitration – Claims Commission, L.FAY H. NEER AND PAULINE NEER (USA) V. UNITED MEXICAN STATES

08/05/2017 by International Arbitration

Denial of Justice in Investment Arbitration

The famous case Neer v. United Mexican States set a standard of treatment with respect to denial of justice, fair and equitable treatment and the minimum standard of treatment in international law, which is still relevant and largely applied and relied upon today in investment arbitrations. This decision was rendered on 15 October 1926 by […]

Filed Under: Arbitration Award, Arbitration Information, Arbitration Rules, International Arbitration Law, Mexico Arbitration, United States Arbitration

Bias in International Arbitration

05/05/2017 by International Arbitration

Bias in International Arbitration

One of the most acclaimed aspects of international arbitration is its neutrality, but charges of bias in international arbitration are frequent. Arbitrators constituting an international tribunal must be independent and free from any bias. In case of doubt, any party can challenge the independence of an arbitrator after being appointed. Bias can be real, which […]

Filed Under: Arbitration Procedure, Arbitration Rules, Bermuda Arbitration, Indonesia Arbitration, International Arbitration Law, UNCITRAL Arbitration

ENFORCEMENT OF AN ANNULLED ARBITRATION AWARD: SOCIETE PT PUTRABALI ADYAMULIA v. RENA HOLDING French Court of Cassation (2007)

04/05/2017 by International Arbitration

The case Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices is one of the French landmark cases concerning the enforcement of an arbitral award in France, where the enforcement of an annulled arbitration award is possible. In the case, Putrabali sold a cargo of white pepper to Rena Holding. The […]

Filed Under: Annulment of Arbitration Award, Arbitration Award, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Court of Arbitration, Enforcement of Arbitration Award, France Arbitration, International Arbitration Law, International Court Of Justice, London Arbitration, New York Convention

ALAPLI ELEKTRIK B.V. V. REPUBLIC OF TURKEY (ICSID CASE NO: ARB/08/13) – DECISION ON ANNULMENT OF 10 JULY 2014

28/04/2017 by International Arbitration

The ICSID case Alapli Elektrik B.V. v. Republic of Turkey concerned a concession to develop, finance, own and operate a power plant in Turkey. The dispute was governed by the ICSID Convention, the Energy Charter Treaty (the “ECT”) and the Agreement of Reciprocal Encouragement and Protection of Investments between the Kingdom of the Netherlands and […]

Filed Under: Arbitration Jurisdiction, ICSID Arbitration, International Arbitration Law, Turkey Arbitration

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  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
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  • SCC Arbitration Institute (SCC)
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  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

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