December 12, 2012

Irreconcilable Dispute Resolution Clauses

Party autonomy and the freedom to agree on jurisdiction constitute the very corner stones of arbitration as a dispute resolution method. However, in many instances, it is precisely the question of jurisdiction that adds an additional layer of controversy to arbitration proceedings. This is most…

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November 16, 2012

IBA Rules for Investor State Mediation

Investor-state disputes are on the rise. Since the late 1990s, the number of such disputes has increased sharply. By the end of 2011, 450 known cases were pending. Investor-state dispute settlement mechanisms allow foreign investors to challenge a wide range of governmental measures, and to sue host…

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August 28, 2012

Montenegro signs ICSID Convention

The signing ceremony which took place on 19 July 2012 was attended by Srdjan Darmanović, Ambassador of Montenegro to the United States and Marija Petrović, First Secretary of the Embassy of Montenegro to the United States and, on behalf of the Convention, by Meg Kinnear, Secretary-General of ICSID.

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November 14, 2011

Precedence in Investment Arbitration

In recent decades, investment arbitration has continued to be an expanding category of public international law. This growth is fueled by the fact that the law applied to international investment disputes is derived from numerous sources. Examples include bilateral investment treaties (“BITs”),…

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June 1, 2011

Revision of Arbitral Awards due to Newly Discovered Facts or Evidence: A Cyclist’s Tour de Suisse

In a judgment dated 6 October 2010, Bakker vs. Union Cycliste Internationale, the Federal Swiss Supreme Court (“Supreme Court”) refused to grant the revision of two arbitral awards rendered by the Court of Arbitration for Sport (“CAS”) involving a Dutch professional cyclist (“Applicant”). In the…

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