The supplementation of an arbitration award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions in the award due to an oversight on the part of the tribunal which is likely to be corrected by it once this oversight is pointed out. This oversight should however concern a “question” before 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 […]
Restitution in Investment Arbitration
In case of outright expropriation or the creeping expropriation of an investment, or of a harm caused by wrongful acts committed by a host State, restitution in investment arbitration is possible, amongst other remedies. The foreign investor can request an arbitral tribunal to order the State to fully repair the injuries it has causes. The […]
International Arbitration Tribunal
The international arbitration tribunal is the independent and non-governmental panel of independent and impartial experts most often composed of three members nominated by the Parties (or appointed by the international arbitration institution, or more rarely by a national court) on the basis of their legal and practical expertise and knowledge, to render a final and […]
International Arbitration Agreements
International arbitration agreements usually take the form of clauses in commercial contracts or investment treaties by which the Parties agree to arbitrate future disputes (agreement to compromise). International arbitration agreements are stand alone contracts which, according to the separability doctrine, will survive the underlying contract which contains them in the event that such contract is […]