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In Asia-Pacific

Investor-State Arbitration – An Introduction

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A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown exponentially over the past 10 years. This reflects in part the surge in the number of IIAs throughout the 1990s and early 2000s, but also an increasing awareness of the protections available.[1] For example, the 2016 UNCTAD World Investment Report noted that investors had initiated 70 known cases, the “highest…

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In Arbitration Agreements

The Hague District Court Sets Aside Yukos Awards

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In a remarkable turn of events the District Court of The Hague has set aside six arbitration awards, including the three final awards in excess of $50bn, in the investment arbitration against the Russian Federation over the change of ownership in the former Yukos Oil Company. The decision (which can be found in full here) was released last Wednesday, 20 April 2016. The Yukos Investment Arbitration Proceedings The arbitrations were initiated in 2005 by former…

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2020-2021 – India

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INDIA Aditya Vikram Bhat, Priyanka Shetty and Adoksh Shastry A. LEGISLATION AND RULES A.1       Legislation The Indian Arbitration and Conciliation Act 1996 (“Act”) is the primary legislation governing arbitration in India. The Act has undergone a series of amendments over the years and 2019 saw the introduction of the Arbitration and Conciliation (Amendment) Act 2019 (“Amendment Act 2019”), which focused on improving the eco-system for commercial arbitration in India and developing an institutional arbitration program…

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