Issues concerning economic sanctions in international arbitration frequently arise. Economic sanctions are a commonly-used tool of foreign policy which can have a significant impact on the performance of parties’ contractual rights and obligations. While there are many ways in which economic sanctions may interfere with international arbitration, we will focus on the issue of the […]
Duty to Mitigate Damages in Investment Arbitration
Notion of the Duty to Mitigate Damages Along with contributory negligence, a duty to mitigate damages is considered as a “compensation-reducing”[1] factor. However, contrary to contributory negligence, the duty to mitigate damages arises only after the breach of an international obligation. It implies an obligation for an aggrieved party to “take steps to minimize his loss, on […]
Choosing ICSID or UNCITRAL Arbitration for Investor-State Disputes
Should a foreign investor opt for ICSID arbitration or UNCITRAL arbitration when a choice exists? Foreign investors involved in a dispute with a host State of investment are often able to choose between initiating ICSID arbitration under the ICSID Convention or ad hoc arbitration under the UNCITRAL Arbitration Rules in order to resolve their investment dispute. This […]
States as Claimants in Investment Arbitration
In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]
Third-Party Funding Report Presented by Task Force
In Sydney, an ICCA-Queen Mary task force presented a third-party funding report for international arbitration. This 272-page report is rather comprehensive and a useful resource for those interested in third-party funding and the issues it poses in the field of international arbitration. The first two chapters provide a summary of the current state of the market […]