Below, please find a solid non-legal summary of the latest state of the long-running Chevron v. Ecuador arbitral proceedings, one of the messiest and most interesting investment treaty arbitrations to have occurred over the past decade. – William Kirtley In an apparent coup for the oil giant’s efforts to undermine a $19 billion environmental judgment […]
An ICC Space Arbitration: Eutelsat Communications v. SES
An International Chamber of Commerce (ICC) of Paris arbitral tribunal has reached its conclusions on the first phase of the arbitration initiated by Eutelsat Communications against SES in October of 2012. Similar space arbitrations are likely to account for an increasing number of arbitrations over the coming years. Eutelsat’s request for arbitration was triggered by […]
The Enforceability of Kurdistan Petrol Sharing Agreements
The governing law of the standard Kurdistan Petrol Sharing Agreements (“PSA’s”) is English Law, and they call for any dispute arising out of the PSA to be resolved through the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Rules. Yet, given that Iraq is not yet a full signatory to the Convention […]
Eli Lilly’s Notice Of Arbitration Under The NAFTA
U.S. drug company Eli Lilly has escalated a $500-million patent dispute with the federal government and filed a notice of arbitration under the North American Free Trade Agreement. The company is demanding compensation for court decisions that invalidated its patents for Strattera, a treatment for attention-deficit/hyperactivity disorder, and for Zyprexa, which is used for the […]
Choosing Arbitrators
It is sometimes argued that arbitration is only as good as the arbitrator, and that defects in international arbitration may be attributed to poor arbitrators. While this oversimplifies a complex issue, choosing the right arbitrator is one of the most critical steps in any arbitration. Unless a specific arbitrator is specified in the arbitration clause, […]