On 11 February 2026, in Buried Hill v. Turkmenistan, the two remaining arbitrators, Mr Siqueiros and Mr Goldberg (the “Unchallenged Arbitrators”), accepted Buried Hill Serdar Limited’s (the “Claimant”) proposal to disqualify Professor Philippe Sands, KC, from the tribunal. Their decision was based on Articles 14(1), 57 and 58 of the Convention on the Settlement of […]
Behind the Curtain: ICSID Arbitration Explained from Notice of Dispute to Enforcement
For an investor, a State, or an in-house legal team facing its first investment dispute, ICSID arbitration can appear unusually technical. It is not simply commercial arbitration administered by a familiar institution. What makes ICSID arbitration different is its treaty foundation, its particular jurisdictional requirements, its relative independence from national courts, and its self-contained system […]
Saudi Construction Arbitration in Practice: Claims and Remedies under the Civil Transactions Law and the Enforcement of Awards
Construction and engineering disputes play a major role in Saudi arbitration. In 2025, these cases made up 47% of those registered with the Saudi Center for Commercial Arbitration (“SCCA”), making it the top sector.[1] This is because large projects often involve many parties, interrelated contracts, detailed technical records, and strict schedules. Arbitration works well for […]
Construction Delays and Arbitration: Concurrent Delay
Construction delay disputes are rarely straightforward. A project may finish months behind schedule, but that fact alone does not reveal which event caused the critical delay, which party bore the relevant risk, or what remedy should follow. The contractor may claim an extension of time and prolongation costs, while the employer seeks liquidated damages for […]
Jurisdiction Ratione Temporis: When Does Treaty Protection Apply?
An investment treaty does not confer jurisdiction over every dispute merely because arbitration is commenced while the treaty is in force. Jurisdiction ratione temporis in investment treaty arbitration determines whether the challenged State conduct and, where the treaty so provides, the dispute itself fall within the treaty’s temporal scope. Temporal issues commonly arise, for instance, […]