In its judgement rendered on 30 June 2022 in the BTS Holding v. Slovakia case, the European Court of Human Rights (the “ECHR”) held that Slovakia violated BTS Holding’s (“BTS”) right to property when its courts arbitrarily refused to enforce an arbitral award against the Slovak National Property Fund (the “NPF”). The ECHR reached this […]
Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729
In a recent decision, C v D [2022] HKCA 729, the Hong Kong Court of Appeal held that pre-conditions to arbitration are a question of admissibility, instead of jurisdiction. Hence, it refused to set aside a partial arbitral award for lack of jurisdiction. Multi-tiered arbitration clauses, containing pre-conditions to arbitration, such as mandatory cooling-off periods, […]
Denial of Benefits in Investment Arbitration
Many of the Multilateral and Bilateral Investment Treaties (BITs) concluded in recent decades contain a provision often referred to as a denial of benefits clause. Examples include the Netherlands Model BIT[1], the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA)[2] and most notably the Energy Charter Treaty (ECT).[3] The aim of denial of […]
Global Claims in Construction Arbitration
Global claims, also known as “total cost claims” or “composite claims”, commonly arise in construction disputes and international arbitrations, especially in cases where projects have been delayed. Global claims are claims advanced by contractors without attempting to substantiate cause and the effect. In the words of the leading commentators on construction contracts (Keating on Construction […]
Arbitration in Egypt
Arbitration has long existed in Egypt, although it remained uncodified for many years. In the nineteenth century, Egyptian law was a blend of Sharia and European law. First, Egyptian legislation followed Islamic “Fiqh”, codified in the “Medjella”, which contained the rules related to arbitration.[1] Arbitration in Egypt was then governed by Articles 501-513 of the […]