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…
The federal Consumer Financial Protection Bureau (CFPB) issued what is being labeled a “brazen” rule[1] on Monday, July…
This table can provide a general overview only. The rules listed may not be applicable in all circumstances. Where rules distinguish between domestic and international arbitrations, only the rules applicable to international arbitrations are reflected in the table. Key: Y = Yes; N = No/Not Available/None; ? = uncertain, discretionary, or only in very specific circumstances. For further details, please see the main body of this Yearbook or contact our local office for specific advice. CountryInstitutionExpress Confidentiality…
Moving towards more gender diversity in international arbitration has gained traction. In our last year’s article, we predicted…
The United States District Court for the Southern District of Florida, in Inversiones y Procesadora Tropical INPROTSA, S.A.…
2016 has been another busy year for the world’s arbitral institutions. This is reflected by the institutions’ caseload numbers that have been reported for 2016. Just like last year[1], we have compiled the numbers published by the arbitral institutions and analyze them below. 20122013201420152016ICC[2] (International Chamber of Commerce)759767791801966DIS[3] (German Institution of Arbitration)121121132134166SCC[4] (Stockholm Chamber of Commerce)177203183181199VIAC[5] (Vienna International Arbitration Center)7056564060SCAI[6] (Swiss Chamber’s Arbitration Institution)926810510081LCIA[7] (London Court of International Arbitration)277301296326303ICDR[8] (International Center for Dispute Resolution)9961165105210631050SIAC[9] (Singapore…
Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service…
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…