Argentina’s economy seems to be heading into the right direction after the devastating economic crisis experienced 15 years ago, which led to dozens of cases against Argentina at International Center for Settlement of Investment Disputes (ICSID). In addition to a very comprehensive political and economic reform, the Argentinian government is also undertaking a legal reform […]
Arbitral Tribunals and Discovery of Evidence in the US
Introduction This blog focuses on a developing yet difficult legal question: what is the relationship between US courts and assisting international arbitral tribunals in obtaining evidence through discovery procedures? In building evidence to support a case, one may consider making a request for discovery in local US courts, if applicable. This can be done under […]
Special Authorisation for the Conclusion of an Arbitration Agreement under Slovenian Law
Slovenian Law states that an authorised person needs a “special authorisation” for the conclusion of an arbitration agreement. Similar provisions are found in other laws in the Middle East and other ex-Yugoslavian States. According to Article 76 of the Slovenian Obligations Code, a general authorisation, valid for “legal transactions classed among ordinary business” does not suffice: […]
Investor’s Consent to ICSID Arbitration Under Côte d’Ivoire’s Investment Code
A request for acceptance of the investment constitutes valid evidence of the investor’s consent to ICSID arbitration under Côte d’Ivoire’s Investment Code. This is the finding of the arbitral tribunal in an ICSID arbitration initiated by an Ivoirian company, Société Resort Company Invest Abidjan, and two French nationals, Stanislas Citerici and Gérard Bot, against the Republic of […]
The Seat of Arbitration in International Commercial Arbitration
The seat of arbitration (also known as the place or locale) is one of the most important factors to take into consideration when drafting international arbitration clauses in a contract and is often confused with the venue of the arbitration, which is not the same thing. The choice of the seat of arbitration can have […]