The famous case Neer v. United Mexican States set a standard of treatment with respect to denial of justice, fair and equitable treatment and the minimum standard of treatment in international law, which is still relevant and largely applied and relied upon today in investment arbitrations. This decision was rendered on 15 October 1926 by […]
Bias in International Arbitration
One of the most acclaimed aspects of international arbitration is its neutrality, but charges of bias in international arbitration are frequent. Arbitrators constituting an international tribunal must be independent and free from any bias. In case of doubt, any party can challenge the independence of an arbitrator after being appointed. Bias can be real, which […]
ENFORCEMENT OF AN ANNULLED ARBITRATION AWARD: SOCIETE PT PUTRABALI ADYAMULIA v. RENA HOLDING French Court of Cassation (2007)
The case Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices is one of the French landmark cases concerning the enforcement of an arbitral award in France, where the enforcement of an annulled arbitration award is possible. In the case, Putrabali sold a cargo of white pepper to Rena Holding. The […]
Condition Precedents to Arbitration: Emirate Trading Agency LLC v Prime Mineral Exports [2014] EWHC
Condition precedents to arbitration are common, especially with respect to provisions indicating that the parties must negotiate for a certain period prior to commencing arbitral proceedings. Emirate Trading Agency LLC v Prime Mineral Exports concerned a dispute arising out of a contract for the sale and purchase of iron ore entered into by the parties […]
ALAPLI ELEKTRIK B.V. V. REPUBLIC OF TURKEY (ICSID CASE NO: ARB/08/13) – DECISION ON ANNULMENT OF 10 JULY 2014
The ICSID case Alapli Elektrik B.V. v. Republic of Turkey concerned a concession to develop, finance, own and operate a power plant in Turkey. The dispute was governed by the ICSID Convention, the Energy Charter Treaty (the “ECT”) and the Agreement of Reciprocal Encouragement and Protection of Investments between the Kingdom of the Netherlands and […]