On 5 May 2026, the arbitral tribunal (the “Tribunal”) in the ICSID proceedings brought by Banesco Holding Latinoamérica, S.A. (“BHL”) and Banesco (Panamá), S.A. (“Banesco Panama”) against the Republic of Panama (“Panama”) rendered its final award (the “Award”). The Tribunal, composed of Franz X. Stirnimann Fuentes as President, Rafael Rincón Ordóñez, and Alvaro Galindo, accepted […]
Perjury and False Evidence in International Arbitration
Witness evidence can be decisive in international arbitration. Tribunals regularly rely on company representatives, employees, experts and other witnesses to determine what happened and, in many cases, to determine how much loss was suffered. But what happens when a witness deliberately lies? The consequences can extend well beyond the loss of credibility. Depending on the […]
Andraous v. Netherlands: Share Ownership, Employment Rights and the Definition of an Investment
On 20 May 2026, an arbitral tribunal (the “Tribunal”) constituted under the 1976 UNCITRAL Arbitration Rules (the “UNCITRAL Rules”) issued its Final Award (the “Award”) in Abdallah Andraous v. Kingdom of the Netherlands, ICSID Case No. UNCT/23/3. The arbitration was brought by Mr Abdallah Andraous (the “Claimant”) against the Kingdom of the Netherlands (the “Respondent”) […]
NBA Arbitration: A Player’s Guide to Protecting Your Contract, Compensation, and Career
For an NBA player, a dispute with a team or the league is rarely just a legal problem. It can affect salary, contract guarantees, free agency, playing time, reputation, eligibility for awards, and potentially the value of the player’s next contract. The NBA’s 2023 Collective Bargaining Agreement (“CBA”) between the NBA and the National Basketball […]
Legacy Vulcan, LLC v. United Mexican States: Regulatory Arbitrariness and the Limits of Investment Treaty Compensation
On 27 July 2026, an arbitral tribunal (the “Tribunal”) in proceedings before the International Centre for Settlement of Investment Disputes (“ICSID”) issued its award (the “Award”) in the dispute between Legacy Vulcan, LLC (“Legacy Vulcan”) and the United Mexican States (“Mexico”). The Tribunal found that Mexico had denied fair and equitable treatment (“FET”) under Article […]