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 […]
Consent and Nationality In ICSID Jurisprudence: Two Old Chestnuts of ICSID Jurisdiction Revisited
Consent and nationality are two concepts of deep significance in ICSID jurisprudence. Consent forms a fundamental pillar of ICSID jurisdiction, and counsel for would-be ICSID claimants regularly advise their clients to express their consent to arbitrate as early as possible. Nationality is an equally core component of ICSID jurisdiction, with the place of incorporation test […]
Russia’s Strategy on Quantum – Yukos Arbitration
RUSSIA’S STRATEGY NOT TO RESPOND SUBSTANTIVELY TO QUANTUM IN THE YUKOS ARBITRATION In order to help the Tribunal reach a proper valuation of Yukos Oil Company, Claimants put forward 13 possible scenarios. The claims ranged from USD 30 billions to USD 114 billions (Final Award, para. 1701 – 1710) and the three main sets of […]
William Kirtley Interviewed By BBC Mundo Concerning Argentina Default.
William Kirtley Interviewed By BBC Mundo Concerning Argentina Default. William Kirtley of Dugué & Kirtley AARPI has been interviewed by BBC Mundo with respect to whether the United States could be in violation of international law with respect to the recent rulings of New York district court judge Thomas Griesa, which threaten to push Argentina into default for the second […]
IAA Network Member Dire Tladi Discusses The Use of Force in International Law (U.N. Lecture Series)
Mr. Dire Tladi Principal State Law Adviser South African Department of International Relations and Cooperation Peace and Security Self-Defense Use of Force in Self-Defence against Non-State Actors in International Law A recent trend in international law seems to suggest that States can use force in self-defence against non-State actors in the territory of another State […]