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Philip Morris Arbitration Award Made Public

18/05/2016 by International Arbitration

Philip Morris Plain Packaging

The Philip Morris arbitration award rendered by arbitrators Professor Don McRae, Professor Gabrielle Kaufmann-Kohler and Dr. Karl-Heinz Böckstiegel as presiding arbitrator, has finally been made public. The controversial arbitration was brought by Philip Morris in response to Australia’s plain packaging legislation for cigarettes. On 18 December 2015, the arbitration tribunal decided that it had no […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Information, Arbitration Jurisdiction, Australia Arbitration, ICSID Arbitration, Investor State Dispute Settlement, Jurisdiction, PCA Arbitration, UNCITRAL Arbitration

Limits to the Police Powers Doctrine

15/05/2016 by International Arbitration

police powers doctrine

According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]

Filed Under: Arbitration Procedure, Bilateral Investment Treaty, Bolivia Arbitration, Czech Republic Arbitration, Estonia Arbitration, Hungary Arbitration, ICSID Arbitration, Investor State Dispute Settlement, Macedonia Arbitration, Mexico Arbitration, Sports Arbitration, Switzerland Arbitration

The Success Rate of Investment Arbitration Claims

15/05/2016 by International Arbitration

Many foreign investors would quite naturally like to know the success rate of investment arbitration claims, and whether or not they should expect to win a case, prior to spending three years and hundreds of thousands of dollars on the fees of arbitrators, arbitral institutions, experts and lawyers. While the chances of success of each case of course depend […]

Filed Under: Arbitration Agreement, Arbitration Damages, Arbitration Information, Arbitration Jurisdiction, Expropriation, Fair And Equitable Treatment, ICSID Arbitration, Investor State Dispute Settlement, Jurisdiction, PCA Arbitration

Chinese Arbitration Framework

15/05/2016 by International Arbitration

China Arbitration Framework-min

The Chinese Arbitration Framework within which the arbitration is conducted consists of the law, the judicial interpretation and international treaties. First, the laws adopted by the legislature, in particular the 1994 Chinese Arbitration Law, are the most important sources in relation to the Chinese Arbitration Framework, a copy of which is available below. Second, in […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Information, China Arbitration, Enforcement of Arbitration Award, France Arbitration, Interim Measures, International Arbitration Law, New York Convention, Paris Arbitration, Taiwan Arbitration

Restitution in Investment Arbitration

15/05/2016 by International Arbitration

restitution in investment arbitration

In case of outright expropriation or the creeping expropriation of an investment, or of a harm caused by wrongful acts committed by a host State, restitution in investment arbitration is possible, amongst other remedies. The foreign investor can request an arbitral tribunal to order the State to fully repair the injuries it has causes. The […]

Filed Under: Arbitration Award, Arbitration Damages, Arbitration Information, Expropriation, ICSID Arbitration, International Arbitration Law, Investor State Dispute Settlement, Moldova Arbitration, Public International Law, State Responsibility

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  • Vienna International Arbitration Centre (VIAC)

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