Despite significant efforts towards the reform and modernization of its arbitration laws, arbitration in Bosnia and Herzegovina remains a rather underdeveloped and unpopular dispute resolution mechanism. Bosnia and Herzegovina was established as an independent State after the Balkan war of the 1990’s. The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the […]
Cost of Investment Arbitration: UNCITRAL, ICSID Proceedings and Third-Party Funding
Party Costs in Investment Arbitration In a recent article by Global Arbitration Review, the second edition[1]of a recent empirical study reveals that the cost of investment arbitration is unfortunately on the rise yet again. Since 2013, average party costs were a massive USD 7.41 million for claimants and USD 5.19 million for respondents. Before then, costs […]
Three Spanish Arbitration Centers- A Step Towards Unification?
On 18 December 2017, three of Spain’s most prominent arbitration centers signed a memorandum of understanding as a first step towards their unification. This is another of the efforts of the Spanish Government in an attempt to make Spain a more appealing center for international arbitration which would rival Paris, London, Singapore, Hong Kong and […]
Lessons from Venezuela: ICSID’s Post-Denunciation Phase
Protests. News bulletins. Calls for treaty reform and withdrawal. In a political and economic climate of a potential post-arbitration age, governments and communities are in the throes of debate. Going forward, however, leaders would be mindful to learn from the Bolivarian Republic of Venezuela and its recent ICSID debacle when it faced two series […]
Transparency in Investment Arbitration
Transparency in Investment Arbitration: Entry into Force of the Mauritius Convention On 18 April 2017 Switzerland became the third UN Member State to ratify the 2015 United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration (“The Mauritius Convention”). The Mauritius Convention reaffirmed the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (UNCITRAL Rules), and […]