Despite significant efforts towards the reform and modernization of its arbitration laws, arbitration in Bosnia and Herzegovina remains a rather underdeveloped and unpopular dispute resolution mechanism. Bosnia and Herzegovina was established as an independent State after the Balkan war of the 1990’s. The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the […]
Interim Measures by Emergency Arbitrators under the SCC Arbitration Rules
The SCC Arbitration Rules, as well as other leading arbitration rules, allow parties to an arbitration agreement to obtain interim measures in an expedited manner, even before an arbitral tribunal is in place, by appointing an Emergency Arbitrator (Appendix II to the SCC Arbitration Rules, Article 1(1)). After the decision on interim measures is rendered, […]
States as Claimants in Investment Arbitration
In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]
Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016
The Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016 is the first written submission that the Respondent to an arbitration must file. This memorial will typically set the main lines of its defence, which will be subsequently developed. The Notice of Arbitration as well as the Response are the first documents that […]
Bilateral Arbitration Treaties (BAT’s): An Update
A recent proposal for a new form of international arbitration through bilateral arbitration treaties has yet to catch fire. Part of the reason may stem from user uncertainty. Bilateral Arbitration Treaties: The Idea Bilateral Arbitration Treaties have captured increasing interest since their initial proposal in 2012.[1] Modelled upon bilateral investment treaties (“BIT’s”), Bilateral Arbitration Treaties […]