This note provides an overview of Montenegro’s arbitration framework, exploring its legal basis, procedural aspects, and advantages. Background As a former federal republic of the ex-Yugoslavia, Montenegro was part of its legal framework. Yugoslavia founded the Foreign Trade Arbitration in Belgrade in 1947.[1] Although arbitration was first reserved only for disputes with foreigners, the system […]
New Montenegro UNCITRAL Arbitration
A new Montegro UNCITRAL arbitration has begun. The small Balkan state has had a strong track record since joining ICSID in 2012. We have already reported on two recent ICSID cases against Montenegro, both decided in favour of the state. However, it seems like this is not the end of the road. Russian oligarch Oleg […]
New Croatia ICSID Arbitration Over Conversion Law
A new Croatia ICSID arbitration was registered on 16 September by UniCredit Bank Austria, a Vienna branch of Italian banking group UniCredit and its subsidiary Zagrebacka Banka. This is the first case against Croatia over controversial legislation intended to protected borrowers by converting loans and mortgages in Swiss francs to Euros. In September 2015, Croatia passed […]
Montenegro’s ICSID Arbitration Track Record
Since signing the ICSID Convention in 2012, Montenegro’s ICSID arbitration track record has been perfect. Montenegro has now been successful in both cases brought against it under the ICSID Convention. MNSS BV and Recupero Credito Acciaio NV v. Montenegro (ICSID Case No. ARB(AF)/12/8) First, Montenegro prevailed in a dispute with MNSS BV and Recupero Credito Acciao, Netherlands-registered investors in a […]
Third-Party Funding Arrives in France
While third-party funding has become commonplace in the United States, Australia, UK and other common law countries, it has only now truly arrived in France. The first wholly French third-party funder, named Alter Litigation, was initiated only weeks ago and its website is available here. It’s founder, Frederic Pelouze, a former attorney, indicates that he […]