Many international commercial agreements including arbitration as a preferred dispute settlement mechanism as compared to local courts have been signed with Iranian parties, some of which call for arbitration to take place in Iran in the event of a dispute. Iran has a modern arbitration regime and advanced domestic legislation already in place concerning arbitration. […]
From International Investment Arbitration to an Investment Court System
Will an Investment Court System be better than the current arrangements for International Investment Arbitration? The EU and Canada appear to think so. In the recently-approved and signed Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada, a different approach to International Investment Arbitration is being put forward by the EU and […]
New Montenegro UNCITRAL Arbitration
A new Montegro UNCITRAL arbitration has begun. The small Balkan state has had a strong track record since joining ICSID in 2012. We have already reported on two recent ICSID cases against Montenegro, both decided in favour of the state. However, it seems like this is not the end of the road. Russian oligarch Oleg […]
Transparency in Investor-State Arbitration: The Mauritius Convention
For many years, critics have complained that there was not enough transparency in investor-State arbitration. Last week, Canada made headlines by becoming only the second State to ratify the 2015 United Nations Convention on Transparency in Treaty Based Investor-State Arbitration (the Mauritius Convention). The Convention confirms and extends the applicability of the 2014 UNCITRAL Rules […]
The PCA Secretary General’s Role as Arbitrator Appointing Authority
The Secretary General of one of the oldest arbitral institutions in the word, the Permanent Court of Arbitration (the “PCA”), has a very important role under the UNCITRAL Rules as an arbitrator appointing authority. Under both the 1976 and the 2010 UNCITRAL Rules (as revised in 2013), the Secretary General acts as the appointing authority […]