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Interim Measures in International Arbitration: A Need for Irreparable Harm?

10/05/2019 by International Arbitration

Interim Measures in International Arbitration.

It is a well-established rule of international arbitration that arbitral tribunals have the power to grant interim or conservatory measures. This is explicitly provided in all major arbitration rules (see, e.g., Article 28 of the 2017 ICC Rules, Article 25.1 of the 2014 LCIA Rules, Article 26 of the 2010 UNCITRAL Rules, Rule 30 of […]

Filed Under: Arbitration Procedure, Arbitration Rules, LCIA Arbitration, UNCITRAL Arbitration

Intra-EU Arbitrations and the Enforcement of ICSID Awards in the United States: the Impact of Achmea

08/05/2019 by International Arbitration

the Impact of Achmea

The ICSID Convention requires signatories to treat arbitral awards rendered according to the ICSID framework as if they were a final judgment of a court in that State.[1] To challenge an award, the claimant shall seek review within the ICSID arbitral regime, rather than before State courts.[2] To implement the Convention, the U.S. Congress in […]

Filed Under: Enforcement of Arbitration Award, ICSID Arbitration, United States Arbitration

Intra-EU Investment Arbitration: Impact of EU Member States’ Declarations in the Wake of Achmea

06/05/2019 by International Arbitration

Impact of EU Member States’ Declarations in the Wake of Achmea

In Achmea,[1] the Court of Justice of the European Union (CJEU) was asked to assess the compatibility of the dispute resolution clause contained in the Netherlands-Slovak Republic BIT with EU law. In March 2018, the CJEU held that the clause was incompatible based on the threat posed to the constitutional structure and autonomy of the […]

Filed Under: Bilateral Investment Treaty, Enforcement of Arbitration Award, Investor State Dispute Settlement

William Kirtley and Christy Chidiac Comment on Setting Aside of Arbitral Award

28/03/2019 by International Arbitration

Serafin Garcia Armas

In a recently-published article by LexisNexis, William Kirtley and Christy Chidiac provide analysis of the French Court of Cassation’s setting aside of the Paris Court of Appeal’s partial annulment of an arbitration award on jurisdiction rendered in Serafín García Armas and Karina García Gruber v The Bolivarian Republic of Venezuela (“Serafín“).   A primary issue […]

Filed Under: France Arbitration, Venezuela Arbitration

Publication of ICC Arbitration Awards: 2019 Advancements in Transparency of ICC Arbitration

26/03/2019 by International Arbitration

As most arbitrations are confidential, the publication of ICC arbitration awards has historically been uncommon. In January 2019, however, the ICC International Court of Arbitration adopted changes to its practice that will soon be implemented. In this regard, the  ICC released an updated Note to the Parties and Arbitral Tribunals. Its main purposes were to […]

Filed Under: Arbitration Jurisdiction, Arbitration Procedure, ICC Arbitration

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