Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment arbitration. In recent years, several investment arbitration tribunals have dealt with applications for security for costs: – Rawat v. Mauritius (cf. article on GAN) – RSM v. Saint Lucia (cf. article on GAN) – Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan (cf. article on GAN) Once…
A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced…
This table can provide a general overview only. The rules listed may not be applicable in all circumstances.…
Moving towards more gender diversity in international arbitration has gained traction. In our last year’s article, we predicted that “more arbitral institutions will publish the percentage of female arbitrators in their arbitral tribunals.”[1] We were right. The statistics of female arbitrators looks as follows: Percentage of Female Arbitrators:201420152016LCIA[2] (London Court of International Arbitration)11.7%16%20.6%VIAC[3] (Vienna International Arbitration Center)./.14.3%17.1%ICDR[4] (International Center for Dispute Resolution)./.16%16%ICC[5] (International Chamber of Commerce)./.4.4%14.8%DIS[6] (German Institution of Arbitration)./../.13.2%HKIAC[7] (Hong Kong International Arbitration Centre)./../.11.5%…
2016 has been another busy year for the world’s arbitral institutions. This is reflected by the institutions’ caseload…
A. Introduction International arbitration is often referred to as the area of globalization “par excellence.” Indeed, it is…
Indemnification clauses are common in share purchase agreements (“SPA”). Post M&A disputes frequently concern alleged breaches of such clauses. These disputes raise difficult questions of both substantive and procedural law. The reason is that an indemnification dispute involves at least four parties: The target company, the third party who raises claims against the target company, the seller (= the indemnitor) and the buyer (= the indemnitee). Reasons to Include Indemnification Clauses in SPAs In the…
As the world becomes more globalized and as ongoing international investment interest and economic growth across Africa continues…
This is a series of tips and best practice in working with party-appointed experts presented by Baker McKenzie…
In 1999, Enron Nigeria Power Holding, Ltd (“ENPH”) entered into a power purchase agreement (“PPA”) with Nigeria, Lagos State, and the National Electric Power Authority of Nigeria. The PPA envisioned construction of electricity generation units in three phases, however, shortly after its execution, the PPA was deemed invalid by the Nigerian Attorney General and had to be amended. Phases I and III of the PPA were sold to another entity, while ENPH retained its Phase…