Tag Archives: Hannah Ambrose
Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date
After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has recently moved to the United Nations Commission on International Trade Law (UNCITRAL). UNCITRAL Working Group … Continue reading
Filed under Costs, Investment Arbitration, ISDS, Third Party Funding
EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps
On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate a convention establishing a multilateral court for the settlement of investment disputes between investors and states. Whilst … Continue reading
Filed under EU, Europe, Investment Arbitration, ISDS
English Court holds that the time limit for appeal of an award runs from the date of the award, unless there is a “material” correction to the award
In a decision dated 16 March 2018, the English Commercial Court (the “Court“) dismissed the application of appeal under s69 of the English Arbitration Act 1996 (the “Act“) by Daewoo Shipbuilding & Marine Engineering Company Limited (“DSME“) on the ground … Continue reading
Filed under Arbitration Act 1996, Arbitration laws, Awards, Challenges to awards, Europe
Security for costs granted by English Court in investment treaty award challenge in which claimants are receiving third-party funding
In its recent judgment in Progas Energy Limited and ors v Pakistan [2018], the English High Court (the Court) granted Pakistan’s request for security for their costs in defending a challenge to an investment treaty award. The Court declined Pakistan’s … Continue reading
Filed under Asia, Challenges to awards, Costs, Europe, Investment Arbitration, Third Party Funding
State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration
We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made … Continue reading
Filed under Brexit, EU, Europe, Public International Law
Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, … Continue reading
Arbitration: its growth, practical uses and limitations in an employment law context
There is a growing appetite to resolve employment disputes by arbitration. This is the finding of the UK Employment Lawyers Association (ELA) which published its Report on Arbitration and Employment Disputes in November 2017. The Report, a product of over two years … Continue reading
Filed under Arbitrability, Europe, Jurisdiction
Use of experts in international arbitration: LCIA releases note and practice guidance
Experts often play a pivotal part in the resolution of complex disputes. The London Court of International Arbitration (“LCIA“) recently released a note discussing the ways in which experts are involved in international arbitration. The Note serves as a useful … Continue reading
Filed under Europe, Institutions, News, Procedures in arbitration
Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license
In an award dated 30 November 2017 (the “Award“), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the “Claimant“) following its finding that a 2011 decree (“Decree 032“) constituted an unlawful indirect expropriation … Continue reading
Filed under Awards, Damages, International Human Rights, Investment Arbitration, ISDS, The Americas
English Commercial Court upholds s68 serious irregularity challenges to an arbitral award holding that the arbitrator should have ensured that costs are pleaded by all parties
In Oldham v. QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm), the Commercial Court held that the arbitrator’s decisions on costs could be challenged on grounds of serious irregularity under Section 68 of the Arbitration Act of 1996 (the Act) … Continue reading