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Umbrella Clauses in Investment Arbitration

01/05/2022 by International Arbitration

Umbrella clause investment arbitration

In investment arbitration, an umbrella clause can constitute an advantage for investors, protecting investments by placing obligations entered into by a host State of investment under the protective “umbrella” of an international treaty. By linking the violation of local law to the violation of a Bilateral Investment Treaty (“BIT”), contract claims may in particular be […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Costs of ICSID Annulment Proceedings

25/04/2022 by International Arbitration

Annulment proceedings under the ICSID Convention

Pursuant to Article 53 of the ICSID Convention, ICSID awards are binding on the parties and “shall not be subject to any appeal or any other remedy except those provided for in this Convention”. As correctly stated by the ad hoc committee in the Standard Chartered Bank v. Tanzania Electric Supply Company case, this “Article […]

Filed Under: ICSID Arbitration

Partial Awards on Unpaid Costs in International Arbitration

24/04/2022 by International Arbitration

Unpaid advance on costs arbitration

Unpaid costs in international arbitration are relatively common. Most rules of arbitral institutions provide that the parties must bear the costs of arbitration in equal shares. Difficulties may arise when one of the parties, usually the respondent, refuses to pay its share of advances on costs to cover the expenses related to the arbitration, including […]

Filed Under: ICC Arbitration, SCC Arbitration

English High Court Applies Doctrine of Waiver by Election in Jurisdictional Challenge to ICC Arbitration

10/04/2022 by International Arbitration

Reko Diq arbitration

In Province of Balochistan v Tethyan Copper Co Pty Ltd, the High Court held that Balochistan was precluded from raising a corruption allegation in the English annulment proceedings because it had failed to raise it as a jurisdictional objection in the underlying arbitration proceedings. The High Court further confirmed that by waiver of election, Balochistan […]

Filed Under: United Kingdom Arbitration

Translations in International Arbitration

01/04/2022 by International Arbitration

Translations-in-International-Arbitration

Translations play a crucial role in international arbitration. In a forum where multiple nationalities and languages are involved, the use of translations is common. However, many arbitration users, and lawyers, remain unaware of the challenges of legal translations. While linguistic challenges may increase time and costs, little attention is paid to the complexity of language […]

Filed Under: International Arbitration Law

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Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

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