As the outbreak of the COVID-19 pandemic has already impacted over 150 countries worldwide, it is hard to imagine that investment arbitration will not be impacted. While the future remains uncertain, the response to the COVID-19 pandemic is likely to violate various protections provided in bilateral investment treaties (“BITs”) and may bring rise to claims […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
Equal Treatment of the Parties in International Arbitration
Procedural protections consist of fundamental principles, which include the right to equal treatment and the right to be heard. Procedural protections are also provided through deference to party autonomy and the arbitrator’s procedural discretion.[1] The UNCITRAL Model Law, national arbitration legislation, judicial decisions and institutional rules provide for equality of treatment in various ways. Article […]
Bifurcation in Investment Arbitration
In investment arbitration, it is rather common for arbitral tribunals to deal with preliminary issues prior to any consideration of the merits of a case. In such scenarios, the main question is whether to asses these issues together with other matters to be ruled upon in the final award or to deal with them in […]
Sovereign Immunity from Jurisdiction in International Arbitration
Sovereign immunity is divided into immunity from jurisdiction and immunity from execution.[1] The conditions under which these immunities apply are of particular importance in the field of arbitration. According to the French Supreme Court, sovereignty and independence of States prevent one of them from pursuing another.[4] In other words, national judges must refrain from ruling […]