Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]
Time Limits to Initiate an Investment Arbitration
The initiation of arbitration proceedings on the basis of investment protection treaties may be subject to time limitations (ratione temporis limitations). The most common types of time limits are the provisions establishing cooling-off periods that may require claimants to wait and attempt to solve the dispute amicably before they can bring a claim. Less common […]
Philip Morris Arbitration Award Made Public
The Philip Morris arbitration award rendered by arbitrators Professor Don McRae, Professor Gabrielle Kaufmann-Kohler and Dr. Karl-Heinz Böckstiegel as presiding arbitrator, has finally been made public. The controversial arbitration was brought by Philip Morris in response to Australia’s plain packaging legislation for cigarettes. On 18 December 2015, the arbitration tribunal decided that it had no […]
Limits to the Police Powers Doctrine
According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]
The Success Rate of Investment Arbitration Claims
Many foreign investors would quite naturally like to know the success rate of investment arbitration claims, and whether or not they should expect to win a case, prior to spending three years and hundreds of thousands of dollars on the fees of arbitrators, arbitral institutions, experts and lawyers. While the chances of success of each case of course depend […]