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Frivolous Claims in Arbitration: ICSID Rule 41(5) and Rule 41

08/12/2024 by International Arbitration

Frivolous Claims in Arbitration

If a Claimant submits a request for arbitration to the International Centre for Settlement of Investment Disputes (ICSID), according to Article 36(3) of the ICSID Convention, its request will be registered, and the case will proceed unless the Secretary-General finds, on the basis of the information contained in the request, that the dispute is manifestly […]

Filed Under: ICSID Arbitration

Taxation of International Arbitration Awards

08/12/2024 by International Arbitration

Taxation Arbitration Awards

The taxation of damages in international arbitration awards should be a significant consideration for any party embroiled in an arbitrable dispute. According to Keller and Leikin, the average tax liability in cases heard before tribunals established under the International Convention for Settlement of Investment Disputes (the “ICSID”) is an eye-watering USD 16-38.5 million.[1] Nevertheless, the […]

Filed Under: Damages Arbitration

Loan Agreements and International Arbitration

01/12/2024 by International Arbitration

Loan Agreement Arbitration

Globalisation led the world to make international transactions and cross-border loan agreements. Any breach could not be resolved solely locally. The need for an international solution evolved. The only method that could end international confusion appeared to be arbitration. Thus, international arbitration is increasingly recognised as a preferred forum for resolving disputes concerning international loan […]

Filed Under: Finance Arbitration

Arbitration in North Macedonia

24/11/2024 by International Arbitration

North Macedonia Arbitration

North Macedonia, a dynamic and evolving jurisdiction in Southeast Europe, is governed by a legal framework that aims to facilitate dispute resolution in both commercial and investment contexts. The arbitration regime in North Macedonia was enhanced when, in 2006, the North Macedonian government passed a new modern law, the International Commercial Arbitration Act. This legislation […]

Filed Under: Macedonia Arbitration

Compliance with ICSID Awards

17/11/2024 by International Arbitration

ICSID Award

Established under the ICSID Convention, ICSID operates independently of local legal systems, providing an autonomous legal framework for dispute resolution. Compliance with ICSID Awards refers to the obligation of parties to adhere to and satisfy the terms of an ICSID award, typically through payment of monetary damages, specific performance, or other remedies ordered by the […]

Filed Under: Enforcement of Arbitration Award, ICSID Arbitration

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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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