Arbitration in Switzerland is regulated by the Federal Law on Private International Law, in force since 1989 and amended once, in 2011. Earlier this year, on 11 January 2017, the Swiss Federal Council decided to publish a report proposing a certain number of amendments to the Federal Law on Private International Law, which is included […]
Kosovo ICSID Arbitration
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 […]
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 […]
Arbitration Clause Tips
The “arbitration clause” or the “arbitration agreement” is the provision in a contract that allows the parties to have their dispute resolved by an arbitral tribunal instead of ordinary State courts. An arbitration clause is binding and the parties cannot renounce unilaterally to the jurisdiction of the arbitral tribunal. In order to draft an effective […]
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 […]