There have been interesting developments at the Court for Arbitration for Sport (CAS) based in Lausanne, Switzerland: a more political than legal dispute only adding to the worsening of Serbia’s and Kosovo’s already tense political relations. In May 2016, Kosovo became 55th Member of the UEFA by a decision passed by 28 to 24 votes. […]
Judgment-Proof Claimants in ICSID Arbitration
The issue of judgment-proof claimants in ICSID arbitration has recently been a focus of attention. As a matter of fact, the Republic of Panama sent a memorandum to ICSID on 12 September 2016, available below, exposing the difficulties of sovereigns being unable to collect costs awards in their favour and requesting the ICSID to examine […]
Spain Energy Treaty Arbitrations Continue
On 12 August 2016, another Spain energy treaty arbitration under the Energy Charter Treaty was registered at the ICSID. The claimants are two Dutch companies, Cordoba Beheer B.V. and Sevilla Beheer B.V., together with Cross Retail S.L and Spanish Project companies, both registered in Spain.[1] This case is just another in line with dozens of arbitrations […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
The Admissibility of Evidence in International Arbitration
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 […]