In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]
Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016
The Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016 is the first written submission that the Respondent to an arbitration must file. This memorial will typically set the main lines of its defence, which will be subsequently developed. The Notice of Arbitration as well as the Response are the first documents that […]
Bilateral Arbitration Treaties (BAT’s): An Update
A recent proposal for a new form of international arbitration through bilateral arbitration treaties has yet to catch fire. Part of the reason may stem from user uncertainty. Bilateral Arbitration Treaties: The Idea Bilateral Arbitration Treaties have captured increasing interest since their initial proposal in 2012.[1] Modelled upon bilateral investment treaties (“BIT’s”), Bilateral Arbitration Treaties […]
Third-Party Funding Report Presented by Task Force
In Sydney, an ICCA-Queen Mary task force presented a third-party funding report for international arbitration. This 272-page report is rather comprehensive and a useful resource for those interested in third-party funding and the issues it poses in the field of international arbitration. The first two chapters provide a summary of the current state of the market […]
United Arab Emirates to Approve New Arbitration Law
The UAE parliament[1] has approved a new arbitration law based on the UNCITRAL Model Law. The Cabinet of Ministers will make a final review of the new UAE arbitration law and, afterwards, it will enter into force once the Supreme Council and Sheikh Khalifa Bin Zayed Al Nahyan sign it. Experts do not expect any more in-depth […]