The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the authors’ law firm.
In this overview, the highlights of the New Dutch Arbitration Act will be discussed. The New Act entered into force on 1 January 2015 in relation to arbitrations commenced on or after 1 January 2015. The New Act is an amendment to the former Dutch Arbitration Act, which dates back to 1986 , many aspects of which remain unchanged in the New Act. Although the Act is not based on the UNCITRAL Model Law (2006), the Dutch legislator, in its preparation for the New Act, did look to the Model Law (2006).
The N [...]
What are the effects of a settlement agreement between the locally incorporated company and the host state on the foreign shareholder’s pending BIT claim? Two views have emerged under investment treaty arbitration case law. The first view, adopted in Sempra v. Argentina (ICSID Case No. ARB/02/16) and Hochtief v. Argentina (ICSID Case No. ARB/07/31) decisions, holds that a settlement agreement does not prevent the shareholder from pursuing international proceedings against the State. The second view, sustained in SAUR v. Argentina (ICSID Case No. ARB/04/4), contends that the effects of a settlement agreement preclude the investor from proceeding with an international action against the Sta [...]
Both UNCTAD and ICSID have recently released documents designed to provide snapshots of key developments and trends in investor-State arbitration. Both documents draw upon a statistical analysis of case filings and outcomes to generate overviews of the lay of the land in this area of law. The documents highlight a number of important trends, and provide easily digestible at-a-glance updates on key issues and developments in investment arbitration. While there is much to be commended in this work, an accurate understanding of such trends necessitates both looking more deeply into what is included in these documents, and accounting for what is not.
Trends in Investment Arbitration
On 19 Febru [...]
It is nearly a trite truism that New Zealanders are, in proportion to New Zealand’s size, over represented in international arbitration. A truism confirmed by John Beechy during an address at the AMINZ International Arbitration Day in Auckland on 18 February. The theme of the Day was how New Zealand could play a more prominent role in the international arbitration world other than sending its daughters and sons off- shore. With this aim in mind, AMINZ has suggested some changes to the New Zealand Arbitration Act 1996 (see John Walton here). One of the sought changes is a reversal of the Supreme Court decision in Carr v Galloway. The Court had set aside the arbitration agreement, expressed [...]
As Professor Stacie Strong describes in the conclusion to her impressive work on Class, Mass, and Collective Arbitration in National and International Law, “[t]he last few decades have seen a number of significant shifts in the social, legal, and economic world order, resulting in the increased incidence of large-scale harms in both domestic and cross-border contexts.” These shifts also require changes in the methods used to respond to such harms.
Class, mass, and collective arbitration (which I will refer to below as “group arbitration”) provide an additional procedural mechanism for bringing claims that may not be feasible as individual proceedings (such as those involving consu [...]
Arbitrating in the Gulf
The oil and gas sector constitutes one of the most important and competitive market in Gulf countries and despite the recent slide in oil prices, the majority of the Gulf Cooperation Council (GCC) members have reserves and savings from the boom period of 2003-2014 that can underpin spending programmes. It is sensible, however, in light of recent events, for governments throughout the region to use this opportunity to undergo reforms and take the necessary measures to decrease habitual oil dependency and increase private sector development and productivity. As the Gulf ventures beyond the traditional oil and gas production, demand for international investment is ex [...]