The youngest European State has been slowly but gradually becoming a Member of various International Organizations, and it now it is facing its first investment treaty arbitration claim.[1] Kosovo has been a member of the IMF and the International Bank for Reconstruction and Development since 2009 and became a member of the ICSID by signing the […]
Law of the Sea Award Rendered
In the dispute between the Republic of Malta and the Republic of São Tomé and Príncipe, the Tribunal issued on 5 September 2016 an award on its jurisdiction, admissibility of claims, liability and reparation, under the UN Convention on the Law of the Sea. The dispute relates first to the arrest of a vessel (the […]
The Role of the Arbitral Tribunal Assistant in the Yukos Awards
When The Hague District Court annulled the Yukos awards on 20 April 2016 for a lack of a valid arbitration agreement, it did not consider it necessary to rule on the other grounds raised by the Russian Federation, in particular the argument that the Tribunal failed to personally fulfill its duty because of the alleged […]
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 […]
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 […]