Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s novel Der Zauberberg or The Magic Mountain. Yet aficionados of arbitration who persevere to the sixth chapter of his lengthy book are treated to [...] read more »
Archive for the 'Uncategorized' Category
Can Discovery Costs be treated as Arbitration Costs?
As is well known, Section 1782(a) provides that a “the district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal”.
The applicability of 28 U.S.C. [...] read more »
Should an Enforcing Court Re-open a Tribunal’s Decision on a Question of Public Policy?
When discussing public policy, English lawyers like to quote the famous comment of an English judge in the early 19th century that “public policy is a very unruly horse, and once you get astride it you never know where it will carry you”.
Recent history shows how difficult it is to ride the ‘unruly horse’; [...] read more »
Major New Development in Argentine Crisis Case at ICSID
Earlier today, an ad-hoc annulment committee at the International Centre for Settlement of Investment Disputes (ICSID) completely annulled a 2007 arbitral award that had been rendered in favour of US energy company, Sempra Energy International.
The striking development serves to nullify a US $128 Million (plus interest) award wherein a panel of ICSID arbitrators had found [...] read more »
There’s Life In The Anti-Suit Yet
Having had their wings clipped by the European Court of Justice in West Tankers, the English courts have recently confirmed that there is life in the anti-suit injunction yet. In AES UST-Kamenogorsk Hydropower Plant LLP v UST-Kamenogorsk Hydropower Plant JSC [2010] EWHC 772 (Comm), Burton J granted anti-suit relief to restrain litigation in Kazakhstan [...] read more »
Land Reform and Investment Arbitration in Southern Africa
I spent some time in Namibia and South Africa last December looking into the impact of bilateral investment treaties on land reform.
I don’t do a lot of field trips, and my wife harboured some suspicion that this “research venture” was merely a tidy excuse to trade the New York winter for the Southern African [...] read more »
Recent Comments