The recovery of damages in investment arbitration is a multi-layered and complex issue. You do not need to be an expert, however, to understand the most important concepts. Introduction and Basic Principles The root of all claims for damages under public international law is the Chorzów case. In it, the Permanent Court of International Justice (the predecessor […]
The London Court of International Arbitration – LCIA
Established in London, the London Court of International Arbitration (“LCIA”) is one of most prominent arbitral institutions, which provides services for arbitration, mediation and other ADR proceedings, with a current average of 303 cases per year. Structure of the London Court of International Arbitration The LCIA is composed of three separate structures: the Secretariat, the Court […]
Court of Arbitration for Sport (CAS) and Development of Sports Arbitration
Sports Arbitration is becoming a popular subfield in arbitration with an ever-growing number of cases being registered at the Court of Arbitration for Sport (the “CAS”). The CAS was created in 1984 as a part of the International Olympic Committee, with the idea of solving a rising number of sports conflicts. It is placed under the administrative […]
State Counterclaim in Investment Arbitration
An ICSID arbitral tribunal awarded approximately USD 40 million in damages to Ecuador for the foreign investor’s liability for the costs of restoring the environment in an area concerned by the investment. This award of a counterclaim in investment arbitration was made by an arbitral tribunal composed of Gabrielle Kaufmann-Kohler, Brigitte Stern and Stephen Drymer in […]
Arbitration Law in India – Two Indian Parties Can Choose a Foreign Seat of Arbitration
The Delhi High Court ruled that two Indian parties can agree in the arbitration clause to have a foreign seat of arbitration, i.e. outside India. The two Indian parties, Doosan India and GMR Chhattisgarh Energy Limited entered into a contract regarding the development of a 1350 MW Coal Fired Thermal Power Plant in Chhattisgarh. The […]