http://kluwerarbitrationblog.com An optional catch phrase or slogan goes here Thu, 11 Mar 2010 15:34:46 +0000 http://backend.userland.com/rss092 en Following the flurry of arbitrations initiated by investors against Argentina based upon Argentine government actions during that country’s 2001-2002 economic crisis, one might have expected the U.S. government’s extensive market interventions during the 2008 global financial crisis to lead similarly to investor claims. The United States bailed out Fannie ... http://kluwerarbitrationblog.com/blog/2010/03/11/the-consequences-of-market-intervention-by-lucy-reed-and-phillip-riblett/ In post-Soviet time Russian courts have already developed quite a vast practice of recognition and enforcement of international arbitral awards. One can even already fetch out some trends in such practice. Thorough case study shows that certain distrust to international arbitration and unexpected obstacles to the enforcement of the awards ... http://kluwerarbitrationblog.com/blog/2010/03/09/a-recent-icc-award-enforcement-in-russia-are-russian-courts-really-becoming-more-arbitration-friendly/ As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall ... http://kluwerarbitrationblog.com/blog/2010/03/08/the-arbitrability-of-libyan-terrorist-claims/ Earlier I discussed a possible response to a Respondent’s tactical approach to refuse to pay an advance on costs, referring to a previous article I published. This post invited a reaction from readers which I thought worth noting: What do you do when you represent the Respondent who simply cannot ... http://kluwerarbitrationblog.com/blog/2010/03/05/respondents-play-with-advance-on-costs-as-a-strategy-do-claimants-as-well/ Professor Hess is the author of the chapter of the Heidelberg Report on the interplay between arbitration and the Regulation 44/2001 (“the Regulation”). As such, and quite understandably, he actively promotes the suggestion that the arbitration exception should be deleted from the Regulation. The Heidelberg proposal has been followed by a ... http://kluwerarbitrationblog.com/blog/2010/03/03/%c2%ab-circulez-il-n%e2%80%99y-a-rien-a-voir-%c2%bb-a-response-to-professor-hess/ Procedural Order No. 3 (Confidentiality Order) dated 27 January 2010 in Giovanna a Beccara and others v. The Argentine Republic (the “Order”) addresses the competing considerations of confidentiality, transparency, public information, equality of the Parties’ rights, and orderly conduct of the proceedings in investment treaty arbitration.  Although the Tribunal’s Order ... http://kluwerarbitrationblog.com/blog/2010/03/03/confidentiality-in-investment-treaty-arbitration/ I recently gave a talk at a Sydney Law School conference about the unexplored relationship between bilateral investment treaties and freedom of expression. In a longer paper on BITs and human rights published last year I’d highlighted some potential tensions, including the need for states to balance the rights of citizens ... http://kluwerarbitrationblog.com/blog/2010/03/03/bits-freedom-of-expression-and-impertinent-aliens/ It is not easy to get a grip on the vast amount of case-law being churned out by investment treaty arbitration panels. However, if law students wanted examples of the ultimate slap-dash arguments being put together by claimant lawyers, then go no further than to sample some of arguments launched ... http://kluwerarbitrationblog.com/blog/2010/03/02/pre-contractual-liability-another-look-needed-f-w-oil-interests-inc-v-republic-of-trinidad-and-tobago-icsid-case-no-arb0114/ In a decision dated 10 February 2010 (4A_612/2009), the Swiss Federal Tribunal rejected a petition to set aside a November 2009 CAS Award against German speed-skater Claudia Pechstein. The Federal Tribunal took some unusual procedural steps – including foregoing the usual exchange of written pleadings – to speed up ... http://kluwerarbitrationblog.com/blog/2010/02/28/federal-tribunal-rejects-pechstein-petition/ On January 15, 2010, the United States Supreme Court granted a writ of certiorari in Rent-A-Center West, Inc. v. Jackson, Case No. 09-497, agreeing to revisit the oft-litigated issue of whether the court or arbitrator should determine arbitrability under the Federal Arbitration Act (“FAA”). The Court’s prior jurisprudence has ... http://kluwerarbitrationblog.com/blog/2010/02/24/u-s-supreme-court-to-revisit-who-determines-arbitrability/