In a partial award, the arbitrators Elie Kleiman, Pierre Mayer, and Nicolas Molfessis ruled that a USD 2.2 billion deal it signed with ArcelorMittal could be terminated on the ground of a material breach by ArcelorMittal. ArcelorMittal’s counterclaim for the renegotiation of the contracts also failed. Senegal is now seeking USD 750 million in damages from […]
Why Investors Should Attempt To Negotiate Waivers Of Sovereign Immunity With Respect To Specific Assets Or Classes Of Assets
Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
The Secretariat’s Guide to ICC Arbitration (2012)
Jason Fry, Simon Greenberg, Francesca Mazza THE SECRETARIAT’s GUIDE TO ICC ARBITRATION A Practical Commentary on the 2012 ICC Rules of Arbitration from the Secretariat of the ICC International Court of Arbitration With the assistance of Benjamin Moss Contents Foreword Preface Chapter 1: Introduction Chapter 2: A Step-by-Step Overview of ICC Arbitration Procedure Chapter 3: […]
6 Arbitration Institutions Win 18 of 19 Arbitration Domains in One UDRP
Six Arbitration Panels brought a single UDRP seeking 19 domain names all owned by ICSID Lawyers, LLC and collectively won 18 of the domains. The Complainants are London Court of International Arbitration (LCIA) of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”); International Chamber of Commerce (ICC) of Paris, France; Singapore International Arbitration Centre […]
UK Supreme Court Again Considers Anti-Suit Injunctions
UK SUPREME COURT AGAIN CONSIDERS ANTI-SUIT INJUNCTIONS Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 In a decision in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35, handed down on 12 June 2013, the Supreme Court considered whether the English courts had jurisdiction to issue […]