U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2014] EWHC 3250 (Comm) (10 October 2014) concerns the issuance of world wide freezing orders (“WFO”) against a losing party to an arbitration. By way of background, a dispute had arisen out of a contract entered into by the parties for the provision by U&M Mining […]
MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD
The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]
BG GROUP PLC. V. REPUBLIC OF ARGENTINA – CASE NO. U.S. 12-138 (2014) – U.S. SUPREME COURT
In this dispute, the Claimant was part of a consortium owning majority shares in MetroGas, for the distribution of natural gas in Buenos Aires. Before the 2001 financial crisis, Argentinean law provided that gas tariffs were calculated in US dollars for profitable returns. However, the crisis led to emergency measures, one of which implemented a […]
SAINT-GOBAIN PERFORMANCE PLASTICS EUROPE V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE NO. ARB/12/13) – DECISION ON PROPOSAL TO DISQUALIFY ARBITRATOR of 27 February 2013
On 25 May 2012, Saint-Gobain Performance Plastics Europe filed a request for arbitration against the Bolivarian Republic of Venezuela for breaches to the Agreement on Encouragement and Reciprocal Protection of Investments between France and Venezuela of 15 April 2004. After appointment of the arbitrators by each party, Claimant filed for the disqualification of the arbitrator […]
The Presumption of Separability in International Arbitration
The presumption of separability in international arbitration means that the validity of an international arbitration agreement is separate and analyzed independently from the rest of a contract. It may be the case that only the arbitration agreement itself is valid while the rest of the contract is not, or vice versa. This presumption is recognized […]