The admissibility of evidence in international arbitration has long been a debated issue. A piece of evidence must be admitted in order to be considered by the arbitral tribunal, which will then evaluate its probative value in light of the facts of the dispute. Evidence is in principle admitted if it is relevant and material […]
Supplementation of an Arbitration Award under the ICSID Convention
The supplementation of an arbitration award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions in the award due to an oversight on the part of the tribunal which is likely to be corrected by it once this oversight is pointed out. This oversight should however concern a “question” before the […]
2016 UNCITRAL Notes on Organizing Arbitral Proceedings
The first version of the UNCITRAL Notes on Organizing Arbitral Proceedings, aimed at assisting arbitration practitioners with the issues typically associated with arbitral proceedings, was adopted by the UNCITRAL Commission in 1996 and has been replaced by a new version in July 2016, available below. The Notes have proven to be a useful tool for […]
Indian Investment Arbitration Regime Changes
Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]
New Arbitration against Russia Arising out of the Annexation of Crimea
As we anticipated in January 2015, arbitrations have arisen against Russia due to its annexation of Crimea. After months of threats and announcements by the Ukrainian Ministry of Foreign Affairs, a new investment treaty case against Russia in relation to annexation of Crimea is about start. The first case, Ukrnafta v. Russia, PJSC Ukrnafta v. Russia […]