There are many Courts of Arbitration, but technically only one International Court of Arbitration, which refers to the ICC’s International Court of Arbitration. Somewhat confusingly for those unfamiliar with arbitration, Courts of Arbitration do not decide on the substance of disputes themselves, as this role is left to private arbitrators. We will briefly examine the […]
Court for Arbitration for Sports (CAS): Serbia v. Kosovo, Round 2.
There have been interesting developments at the Court for Arbitration for Sport (CAS) based in Lausanne, Switzerland: a more political than legal dispute only adding to the worsening of Serbia’s and Kosovo’s already tense political relations. In May 2016, Kosovo became 55th Member of the UEFA by a decision passed by 28 to 24 votes. […]
Arbitrage sportif – Qu’est que le tribunal arbitral du sport ?
Cet été, le Tribunal Arbitral du Sport (TAS) a constamment fait la une des journaux. En effet la condamnation du skieur Martin Sundby pour dopage, la procédure de suspension de Maria Sharapova (ancienne numéro 1 mondiale russe de Tennis), l’affaire Sepp Blatter (ancien président de la FIFA) ou encore toutes les procédures liées aux jeux […]
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 […]
States That Are Not Parties To The New York Convention
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly called the New York Convention, entered into force on 7 June 1959 and is the bedrock of modern international arbitration. This important international convention requires courts of the 159 contracting States (with Sudan becoming the latest member in 2018) to give effect to […]