Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […]
A Procedural Guide to FIFA Dispute Resolution
Headquartered in Zurich, Switzerland, the Fédération Internationale de Football Association (FIFA) is the international governing body of association football,[1] with 211 affiliated associations across the globe.[2] Among its objectives are the regulation and governance of all aspects of the game of football,[3] which it facilitates through the FIFA Statutes (which serve as the organisation’s constitution), as […]
The Impartiality Test: How Unbiased Can an Arbitrator Truly Be?
“It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done”[1], Lord Hewart said and made history. How unbiased can an arbitrator truly be? This note showcases the tests and challenges of impartiality in arbitration. The “Impartiality […]
International Arbitration in Hainan
International arbitration in Hainan has gained prominence in recent years due to China’s strategic development of the Province of Hainan as a free trade zone, a free trade port and, generally, an international business hub. Hainan is positioned to play a key role in handling commercial disputes, particularly within the context of cross-border investments and […]
Claiming Interest in Arbitrations in the Middle East
Sharia law shapes the legal frameworks in the Middle East. Traditionally, it was the primary uncodified source of law in the region. However, throughout the 20th century, many Middle Eastern countries developed their own Civil Codes, which continue to be rooted in Sharia principles. One of the key areas where Sharia law exerts substantial influence […]