One perk of international arbitration is the possibility to avoid choice-of-law complexities that inevitably arise in an international dispute, although choice of law in international commercial arbitration can pose an issue. There are four different choice-of-law issues in international arbitration that arise: Determination of the substantive law applicable to the merits of the case Determination […]
Arbitration in the United States
Arbitration in the United States is well developed. The reason is simple. A large number of corporations involved in international arbitration are US companies. Although some criticisms have been made regarding the US legal system, such as with respect to its jury trials, or concerning punitive damages, and arbitration agreements were unenforceable under US law […]
International Arbitration Conventions
International arbitration is governed by both the parties’ private agreement but also by a number of international arbitration conventions that apply independently of the parties’ agreements. Those conventions and treaties’ main goal is to promote international arbitration and help to enforce arbitration awards, such as the 1923 Geneva Protocol and the 1927 Geneva Convention. These […]
Valeri Belokon v. Kyrgyz Republic – Money Laundering in Investment Arbitration
On 14 October 2014, an UNCITRAL arbitral tribunal in the case Valeri Belokon v. Kyrgyz Republic, whose composition included Kaj Hober, Niels Schiersing and Jan Paulsson as President, found Kyrgyzstan liable for the unlawful expropriation of Claimant’s investment. The investment claim had been brought in 2011 by Valeri Belokon, a Latvian investor, against the Kyrgyz […]
Perks of International Arbitration Agreements
International arbitration has become increasingly popular because of a number of perks of international arbitration agreements that cannot be found before national or local courts. Although imperfect, this dispute resolution system aims to cure some of the shortcomings of national court systems. The first perk of international arbitration dispute resolution system is its neutrality. The […]